APPLICATION
ENGINEERING MEl\'IO # 97- 028
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PLANNING AND
ZONING DEPT.
DATE: February 26, 1997
IQ: MICHAEL P A WELCZVK, CITY ATTORNEY
MICHAEL HAAG, PLANNING COORD.
THRU: AL NEWBOLD, ACT. DEV. DIR. ~
FROM: KEN HALL, ENG. PLANS CHK/INSP. @
SUBJECT: P.O.A. DOCUMENTS - CRYSTAL KEY.
HERE ARE THE CORRECTED DOCUMENTS FOR YOUR REVIEW AND APPROVAL.
PLEASE LET ENGINEERING KNOW IF THEY ARE ACCEPT ABLE AT YOUR EARLIEST
CONVENIENCE. THANKS.
KRH
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Attachments: Declaration of Covenants,
Articles of Incorporation.
By-Laws
crystal key. poa
This instrument prepared by:
RONALD L. PLATT, ESQ.
170 N.W. Spanish River Blvd.
Boca Raton, Florida 33431
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FOR
PlANNING AND
ONING DEPT.
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DECLARATION OF COVENANTS AND RESTRICTIONS
CRYSTAL KEY AT WOOLBRIGHT PLACE
THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made and executed
this
day of February, 1997 by Kennedy
Florida limited partnership ("Declarant"),
"
Properties, Ltd., a
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WIT N E SSE T H :
WHEREAS, HOWARD SCHARLIN, TRUSTEE ("Developer") is the owner of that
certain real property located in Palm Beach County, Florida, and
legally described as WOOLBRIGHT PLACE, See Exhibit A, ("Development");
and
WHEREAS, Declarant is the owner of certain real property located in
Palm Beach County, Florida, which is a portion of thel property legally
described in Exhibit A and Declarant's property is more particularly
described in EXHIBIT B affixed hereto and made a part hereof.
Declarant is desirous of subjecting it's real property to the
covenants, conditions and restrictions hereinafter set forth, each and
all of which are for the benefit of said property and each present and
future owner and shall apply to and bind every present and future owner
of said property ~nd their heirs, successors and assigns; and,
WHEREAS, the purpose of these covenants and restrictions is to
provide a property owner's association which will have the
responsibility for providing the operation and maintenance of the
common grounds, private roadways, if any, and recreational facility
which serve the Units herein described and to promote the health,
safety and welfare of the Owners of the residences within the
Properties; and,
WHEREAS, pursuant to a Declaration of Protective Covenants for
WOOLBRIGHT PLACE recorded in O.R. Book 8649, Pages 968-998 inclusive of
the Public Records of Palm Beach County, Florida, there is a Master
Association entitled Woolbright Place Master Association, Inc.
Declarant herein, and the Purchaser's from Declarant herein will take
I
title subject to the terms and conditions set forth in the aforesaid
Declaration of Protective Covenants for Woolbright Place in addition to
the Declaration of Covenants herein; and
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NOW, THEREFORE, Declarant hereby declares that the real property
described in EXHIBIT B is and shall be held, transferred, sold,
conv~yed, used and occupied subject to the covenants, conditions and
restrictions hereinafter set forth.
ARTICLE 1
DEFINITIONS
The following terms as used in this Declaration, shall have the
following meanings:
1.1 "Woolbright Place" shall mean and refer to all real property
subject to the Declaration of Protective Covenants for
Woolbright Place, recorded in O.R. Book 8649, pages 968-998
inclusive of the Public Records of Palm Beach County, Florida.
1.2 "Development Review Board" or "D. R. B. " shall mean and refer to
I
that permanent committee of the Association, created for the
purpose of establishing and enforcing criteria for the
construction of Improvements within the Property and other
properties subject to the control of the Association.
1.3 "Assessment" shall mean and refer to those charges made by the
Association from time to time, against each Lot within the
Property, for the purposes and subject to the terms set forth
herein including without limitation, all general, special,
emergency special and individual assessments and all special
assessments for non-compliance.
1.4 "Association" shall mean and refer to CRYSTAL KEY 'AT
WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION,' INC., a Florida
corporation not for profit, and its successors and assigns.
1. 5 "~" shall mean and refer to the City of Boynton Beach,
Florida.
1.6 "Common Expenses" shall mean and refer to all expenses
incurred by the Association in connection with its ownership,
2
maintenance and other obligations set forth herein.
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1.7 "Common Property" shall mean and refer to aLl portions of the
property which are intended for ..the common use and enjoyment
of the Owners, and which are identified and dedicated or
reserved to the Association on the recorded subdivision plats
of the Property, or conveyed to the Association by deed, and
any personal property acquired by the Association.
1.8 "County" shall mean and refer to Palm Beach County, Florida.
1.9 "Declarant" shall mean KENNEDY PROPERTIES, LTD. a Florida
Limited partnership.
1.10 "Declaration" shall mean and refer to this instrument and all
exhibits hereto, as to may be amended from time to time.
1.11 "Developer" shall mean and refer to HOWARD SCHARLIN, Trustee.
1.12 "Improvements" shall mean and refer to all structures of any
kind including, without limitation, any building, fence, wall,
sign,
paving,
grading,
parking or building addition,
alteration, screen enclosure, sewer, drain, disposal system,
decorative building, patio, landscaping, or landscape device
or object.
1.13 "Limited Common Property" shall mean and refer to such
portions of the Common Property as are intended for the
exclusive use (subject to the rights of the County and the
public) of the Owners of specific Lots, and shall specifically
include the mailbox structure serving the 'Lot which may be
located on the Common Property, as designated by the
Declarant.
Unless otherwise provided, specifically to the
contrary, reference to the Common Property shall include the
Limited Common Property.
1.14 "Lot" shall mean and refer to a tract of real property
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designated as a residential building lot on any plat of the
Property, whether improved or unimproved.
1.15 "Master Association" shall mean and refer to WOOLBRIGHT PLACE
MASTER ASSOCIATION, INC., a Florida corporation not for
profit, its successors and assigns.
1.16 "Master Declaration" shall mean and refer to that certain
Declaration of Protective Covenants for Woolbright Place,
dated March 8, 1995, and recorded at Official Record Book
8649, page 968, Public Records of Palm Beach County, Florida,
and any amendments thereto recorded or to be recorded in the
Public Records of Palm Beach County, Florida.
1.17 "Member" shall mean and refer to a member of the Association
and as used throughout this Declaration is synonymous with the
term "Owner" and said terms are used herein interchangeably.
I
1.18 "Mortgagee" shall mean and refer to any lending institution
having a first mortgage lien upon a Lot or any portion of the
Property, including any of the following: (a) a federal or
state savings and loan association or commercial bank doing
business in the State of Florida, (b) a federal or state
savings and loan association doing business in the State of
Florida, (c) an insurance company or subsidiary thereof doing
business in the State of Florida which is approved by the
Insurance Commissioner of the State of Florida, (d) a real
estate investment trust or mortgage banking company licensed
to do business in the State of Florida, (e) the Federal
,
National Mortgage Association, (f) a pension or profit sharing
fund qualified under the United States Internal Revenue Case,
(g) any subsidiary of the foregoing licensed or qualified'to
make mortgage loans in the State of Florida, (h) an agency of
the United States Government or (i) Developer or Declarant.
1.19 "Owner" shall mean and refer to the record owner, whether one
or more persons or entities~ of the fee simple title to any
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Lot, excluding, however, any Mortgagee unless and until such
Mortgagee has acquired title pursuant to foreclosure or any
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proceeding or deed in lieu of foreclosqre and as used
throughout this Declaration, the term "Owner" is synonymous
with the term "Member" and said terms are used herein
interchangeably.
1.20 "Property" shall mean and refer to a portion of that certain
real property legally described in Exhibit "B" attached hereto
and made a part hereof, and any other real property which may
from time to time be made subject to this Declaration in the
manner provided in Article 2 hereof. The property referred to
herein when finished will have eighty-three (83) single family
Lots constructed thereon.
1.21 "Street" shall mean and refer to any street, highway or other
thoroughfare within CRYSTAL KEY AT WOOLBRIGHT PLACE and which
I
is a part of the Common Property, whether same is designated
as street, avenue, boulevard, drive, place, court, road,
terrace, way, circle, lane, walk or other similar designation.
1.22 ' "Traffic Regulations" shall mean and refer to the speed limits
and traffic regulations which may be promulgated by the
Association for use of the streets and the "no parking" signs
which may be posted by the Association throughout CRYSTAL KEY
AT WOOLBRIGHT PLACE pursuant to Section 4.5 of the
Declaration.
1.23 "Turnover Meeting" shall mean and refer to the special meeting
I
of the Members for the purpose of electing officers and
directors pursuant to Section 3.3 hereof.
1.24 "Unimproved Lot" shall mean and refer to a Lot owned by the
Declarant for which a certificate of occupancy or completion
for a Unit has not been issued by the City or which has not
been conveyed by the Declarant to any Owner other than
Declarant.
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1.25 "Unit" shall mean and refer to a residential dwelling
constructed on a Lot, for which a Certificate of Occupancy or
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Completion has been issued, and shall include the garage and
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courtyard, if any, attached to the dwelling.
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
2.1
Existing Property.
The initial Property subject to this
Declaration upon the recordation hereof in the Palm Beach
County Public Records, is the Property described in Exhibit
"B" attached hereto.
2.2 Additional Property. Declarant may, at any time and from time
to time, subject any additional property within CRYSTAL KEY AT
WOOLBRIGHT PLACE to this Declaration by recording in the
public records of the County an amendment to this Declaration
specifying such additional property. Such amendments may be
made by Declarant without the joinder or consent of the Master
Association, other Owners or Mortgagees of any portion of
CRYSTAL KEY AT WOOLBRIGHT PLACE, or any other person or
entity, with the exception only of the County and City.
ARTICLE 3
CRYSTAL KEY AT WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION. INC.
3.1
Formation.
At or about the time of the recording of this
Declaration, Declarant has caused the Association to be formed
by the filing of the Articles of Incorporation therefore in
the office of the Secretary of State of Florida. The
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Association is formed to own, operate and maintain. the Common
Property; enforce the covenants, conditions,> restrictions and
other provisions set forth in this Declaration and to have
such other specific rights, obligations, duties and functions
as are set forth in the Declaration and in the Articles of
Incorporation and the By-Laws of the Association. Subject to
the additional limitations provided herein and in the Articles
of Incorporation and By-Laws, the Association shall have ~ll
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the powers and be subject to the limitations of a not-for-
profit corporation as contained in Florida Statutes, Chapter
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617, Part I (1990) , as amended from. time to time,
(Corporations Not For-Profit).., When city, county, state,
federal or other agency laws or regulations are more
restrictive than those specified in the Declaration of
Covenants and Restrictions for Crystal Key at Woolbright
Place,
Articles
of
Incorporation or By-Laws
of the
Association, the more restrictive shall govern.
3.2 Membership. A person or entity shall automatically become a
Member of the Association upon acquisition of fee simple title
to any Lot and filing a deed therefore in the public records
of the County. Membership shall continue until such time as
the Member transfers or conveys his interest of record or the
interest is transferred and conveyed by operation of law, at
which time membership, with respect to the Lot conveyed shall
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automatically be conferred upon the transferee.
Membership
shall be appurtenant to, and may not be separated from,
ownership of a Lot subject to this Declaration. No person or
entity holding an interest of any type or nature whatsoever in
a Lot only as security for the performance of.an obligation
shall be a Member.
Declarant, by including additional
property within the imposition of this Declaration, may cause
additional membership in the Association and may designate the
ownership basis for such additional membership. There shall
be only one (1) voting member per Lot, regardless of how the
deed or instrument evidencing ownership of a particular lot is
set forth.
3.3
Voting.
The Association shall have two classes of voting
membership:
Class A.
Class A members shall be all Owners and
shall be entitled to one vote for each Unit owned.
When more than one person holds an interest in any
Unit, all such persons shall be members. The vote for
such Unit shall be exercised as they determine, but,in
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3.4
3.5
no event shall more than one vote be cast with respect
to any Unit.
Class B.
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The Class B members shall,be the Declarant
and shall be entitled to one thousand (1,000) votes.
The Class B membership shall cease on the happening of
one of the following events, whichever occurs earlier:
(a) Until the closing of the sale of the last
Lot located within the Property, or
(b) Seven (7) years following conveyance of the
first Unit in the Properties to a Unit purchaser; or
(c) Such earlier date as Declarant may
determine.
Administration of the Association.
The affairs of the
Association shall be administered by the Board of Directors in
accordance
with
this
Declaration,
the
Articles
of
Incorporation and the By-Laws of the Association. The
I
Articles of Incorporation and By-Laws may be amended in the
manner set forth therein; provided, however, that no such
amendment shall conflict with the terms of this Declaration or
adversely affect the rights of Declarant without Declarant's
prior written approval; and provided further, that no
amendment, alteration or recision may be made which affects
the rights or privileges of any Mortgagee without the prior
..
written approval of the Mortgagee so affected, and any attempt
to amend, alter or rescind contrary to this prohibition shall
be of no force or effect.
Suspension of Membership Rights.
No member shall have any
I
vested right, interest or privilege in or to the assets,
functions, affairs or franchises of the Association, or any
right, interest or privilege which may be transferable, 'or
which shall continue after this membership ceases, or while he
is not in good standing. A Member shall be considered "not in
good standing" during any period of time in which he is
delinquent in the payment of any Assessment, or in violation
of any provision of this Declaration or of any rules lor
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regulations or Traffic Regulations promulgated by the
Association. While not in good standing, th~ Member shall not
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be entitled to vote or exercise any other r~ght or privilege
of a Member of the Association. ~
3.6 Control by Declarant.
3.6.1
Anything
contained
herein
to
the
contrary
notwithstanding, Declarant shall have the right to
retain control of the Association until the earlier of
the following events:
a) until the closing of the sale of the last Lot
located within the Property, or
b) such earlier time as is determined by
Declarant in declarant's sole discretion. Prior to
ninety (90) days after the happening of the earliest
of the forgoing events, the Association shall conduct
the Turnover Meeting. So long as it retains control
of the Association, Declarant shall have the right to
appoint three (3) members of the Board of Directors
for each Board Member appointed by the Members and to
approve the appointment of all officers of the
Association, and no action of the Members of the
Association shall be
effective unless and until
approved by Declarant.
In the event that Declarant
shall enter into any contracts or other agreements
for the benefit of Owners or the Association,
Declarant may, at its option, assign its obligations
under such contracts or agreements to the Association,
and in such event the Association shall be required to
accept such obligations.
3.6.2
After turnover of control of the, Association, no
action shall be taken or decision adopted by the Board
which would adversely impact on the construction,
development, sale or marketing of the Property or on
the condition or appearance of the Property without
the prior written consent of the Declarant; so long as
the Declarant has title to at least one lot. ';['he
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Board shall submit such decisions and actions to the
Declarant, for approval. The Declarant shall approve
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or disapprove such decisions and act~ons within thirty
(30) days after receipt. thereof.
In the event the
Declarant fails to act within such time period, such
failure shall be deemed approval by the Declarant.
ARTICLE 4
MISCELLANEOUS PROPERTY RIGHTS IN THE COMMON PROPERTY
4.1 Title to Common Property. Title to the Common Property shall
remain vested in the Declarant until the date that it
relinquishes control of the Association, as such date is
defined hereinabove. Notwithstanding the manner in which fee
simple title is held, the Association shall be responsible for
the management, maintenance and operation of the Common
Property from and after the date of recordation of this
Declaration.
Simultaneously with its relinquishment of
control of the Association, Declarant shall convey all of its
right, title and interest in the Common Property to the
Association.
Anything herein contained to the contrary
notwithstanding, certain portions of the Common Property may
be reserved as Limited Common Property for the exclusive
benefit and use of specific Owners.
4.2 Acquisition and Conveyance of Property. The Association shall
have the power and authority to acquire and convey such
interest in real and personal property as it may deem
beneficial to its Members.
Such interests may include fee
I
simple or other absolute ownership interests, leaseholds'or
such other possessory use interests as the Association may
determine to be appropriate. Any property acquired pursuant
to this section shall be Common Property.
4.3
Perpetual Maintenance of Property.
The Association shall,
either by virtue of the appointment of a real estate
management agent or through its own personnel, be responsi9le
10
for the perpetual maintenance and repair of the Common
Property, and the entry Qates and entry siqnage, .if any_
Declarant, its affiliates, subsidiaries, SUCCQssors and
assigns maybe the management agent and nothing shall b~ deemed
to invalidate any manaqement or maintenanCQ agr9QmQnt betw99n
the Association and Declarant or its affiliates,
subsidiaries, successors and assigns for the rQaSOn that at
the time of .nt-Gring into t.he management or maintenance
aqreement, the employ.os, officers or agents of Declarant, Or
its affiliates, subsidiaries, &UCCQSSOrs and assiqns are the
officers, directors or employees of the Association.
Specifically, thg property the Association ahall maintain and
be responsiblQ for shall include the followin9~
4.3.1 All roads within the Property which are dedicated or
reserved to the Aeeociation on any plat of any portion
of the Property or conveyed by deed to the
Association.
All landscaping of the Common Property, including
without limitation, 011 ~odding, irrigation and the
planting and care of trees and ~hrubbery.
The entry gates, entry signage, ~nd eIltry features, if
any, located On ~he Common ProFe~ty.
The Common Area swimming pool and cabana/bathrooms.
Tract B as shown on said Plat is reserved to Crystal
l\ey at woolbr1ght. place Homeowners ASSOClat:ton, Inc.,
a Florida corporation, not for prOfit, its successors
and assigns, for open space purposes and is the
perpetual maintenance obligation of said AS5ooiation,
its successors and assigns, without recourse to the
City or Boynton BeaCh, Florida.
MAR-06-97 THU 10:22 AM
4.3.2
4.3.3
4.3.4
4.3.5
~NDEPENDENCE TITLE
FAX NO,
P. 02
4.4 Rules and Regulations GOverning Use of Property. The
Association, through its Board of Directors, shall regulate
the use of the Property by Owners and may from time to time
promulgate rules and regulations consistent with this
Declaration governing the use thereof as it may deem to be in
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4.5
4.6
4.7
the best interest of its Members. No rules or regulations may
be adopted which would adversely affect the rights of any
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Mortgagee without the prior written consent o.f such Mortgagee.
A copy of all rules and regulations established hereunder and
any amendments thereto shall be all Members at the Association
office. Such rules and may be enforced by legal or equitable
action.
Traffic Regulation.
Subject to approval by the City, the
Association, through its Board of Directors, shall have the
right to post and promulgate Traffic Regulations throughout
CRYSTAL KEY AT WOOLBRIGHT PLACE for use of the Streets. A
copy of all Traffic Regulations established hereunder and any
amendments thereto shall be made available to all members for
inspection at the office of the Association. The Association,
through its Boards of Directors, shall also have the right to
establish enforcement mechanisms for violation of the Traffic
I
Regulations, including without limitation, the assessment of
special assessments for non-compliance, which shall be
collected pursuant to Article 6 of this Declaration, the
removal of vehicles from the Property, and the suspension of
Owners' rights and easements of enjoyment provided herein.
Upon request, but in no event later than thirty (30) days
after the imposition of any remedy for violation of a Traffic
Regulation, those who violate the Traffic Regulations shall be
entitled to a hearing
before the Board of Directors and
forty-eight (48) hours notice prior to the date of such
hearing.
Owners' Easements of Enjoyment.
I
Subject to the 'provisions
herein below, each Owner shall have a right and easement of
enjoyment in and to the Common Property which shall I be
appurtenant to, and shall pass with the title to each Lot.
Extent of Owner's Easements.
The rights and easements of
enjoyment created hereby shall be subject to the following:
4.7.1
The right of Declarant and the Association to bor+ow
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4.7.2
4.7.3
4.7.4
4.7.5
4.7.6
4.7.7
4.7.8
4.7.9
money for the purpose of improving the Common Property
and in connection therewith, to mortgage the Common
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Property.
The right of Declarant~and the Association to take
such steps as are reasonably necessary to protect the
Common Property against foreclosure.
The right of the Association to suspend the enjoyment
rights and easements of any Owner for any period
during which an Assessment remains unpaid by that
Owner, and for any period during which such Owner is
in violation of this Declaration or any of the rules
and regulations or the Traffic Regulations.
The right of the Association to maintain the Common
Property and other property described in paragraph 4.3
of this Declaration.
The rules and regulations governing the use and
enjoyment of the Property and the Traffic Regulations,
I
as promulgated by the Association.
The right of the Declarant and the Association to
dedicate or transfer all or any part of the Common
Property to any governmental or quasi-governmental,
agency, authority, utility, water management or water
control district.
Restrictions, dedications and easements contained on
any plat, or filed separately, with respect to all or
any portion of the Property.
All of the provisions of this Declaration, and the
Articles of Incorporation and By-Laws of the
Association, and all rules and regulations and Traffic
,
Regulations adopted by the Association, as 'some may'be
amended from time to time.
All of the provisions of the Master Declaration, and
the Articles of Incorporation and By-Laws of the
Master Association and all rules and regulations and
Traffic Regulations adopted by the Master Association,
as same may be amended from time to time.
4.7.10 The Owner's easements of enjoyment shall be subject, to
13
4.8
the Common Property and the Lots for present and
future utility services to the property, including,
,
but not limited to, easements for water pipes,
sanitary sewer pipes, emergency sewer lines, storm
drainage pipes, sprinkler pipes, telephone cables,
security wires and street lights. Easements for such
utility services are reserved by Declarant for all
buildings and improvements which have been or may be
constructed on the Property and Declarant may grant
specific easements to utility companies and others as
reasonably necessary.
4.7.11 In case of any emergency originating in, or
threatening any Lot, regardless of whether the Owner
is present at the time of such emergency, the Board of
Directors
of
the
Association
the
Master
or
Association, or any other person authorized by the
Association or the Master Association,
I
or the
management agent under a management agreement, shall
have the right to enter such Lot and the Improvements
located thereon, for the purpose of remedying, or
abating the cause of such emergency, such right of
entry shall be immediate.
4.7.12 The Owners' easements of enjoyment shall be subject to
the rights
reserved by Declarant,
for future
development of the Property, As a material condition
for ownership of a Lot, each Owner, by accepting a
deed to a Lot, releases Declarant from any claim for
interference of his quiet enjoyment of his Lot or the
Common Property, due to the development of the
Property, whether or not the construction' operations
are performed on the Common Property or the Lots, and
each Owner acknowledges and agrees that Declarant
shall have the sole right of design, construction,
development and improvement of the Common Property,
and the Lots within the Property.
Continual Maintenance.
In the event of a permanent
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4.9
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dissolution of the Association, the Members shall immediately}
thereupon hold title to the Common prope,ty as tenants in
.
common and shall collectively provide. the continued'
maintenance and upkeep thereof. "In no event shall the City be
obligated to accept any. dedication offered to it by the
Association or the Members pursuant to this section, but the;
City may accept such a dedication and any such acceptance must
be made by formal resolution of the then empowered City
Commission of the City of Boynton Beach.
In the event of a
dissolution of the Association, for whatever reason, any Owner
may petition the circuit court of the 15th Judicial Circuit of '
the State of Florida for the appointment of ~ receiver to
manage the affairs of the dissolved Association place and
instead of the association, and to make such provisions as may
be necessary for the continued management of the affairs of
the dissolved Association and the Common Property.
Plat.
Any plat or replat of the Property subject to this
Declaration must conform with the Master Plan and Site Plan(s)
as approved by the City of Boynton Beach as well as the
applicable City of Boynton Beach Code of Ordinances.
ARTICLE 5
EASEMENTS
5.1 Easement Grants. The following easements are hereby granted
and reserved over, across and through the Property:
5.1.1
Easements for the installation and maintenance of
utilities are granted as shown on the recorded
subdivision plats of the Property.
Wi thin these
easement areas, no structure, planting or other
material other than sod, shall be placed or permitted
to remain (unless approved by the utility users),
which may interfere with the installation and
maintenance of underground utility facilities. The
Association (or such other entity as indicated on the
plats) is hereby granted access to all easements
within which such u~derground facilities are located
15
5.1. 2
5.1. 3
5.1. 4
-.
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for the purpose of operation, maintenance and
replacement thereof.
Easements
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,
for the installation anp maintenance of
,'1
drainage facilities are granted to the Association and;,:'
,;(':.,
other entities as shown on the recorded subdivision~
~! . ~ , i
plats of the Property. Within these easement areas,'
no structure, planting or other material, other than
sod shall be placed or permitted to remain (unles~~
installed by Declarant), which may interfere with such,,.
installation and maintenance, or which may obstruct or{'
retard the flow of water through drainage channels.
The Association and the Master Association (and any'
other entity indicated on the plat) shall have access'
to all such drainage easements for the purpose of.
operation and maintenance thereof.
The Common Property is hereby declared to be subject
to a perpetual non-exclusive easement in favor of the'
I
Association, the Master Association, employees and
agents of the Association and the Master Association,
and of any management or maintenance entity contracted
by the Association or the Master Association, in order
that
such employees,
agents
or management or.
"c'
maintenance entity may carry out their duties-
including, without limitation, maintenance of property
and the provision of security services) and may have,
reasonable access to all property dedicated to the['
".(1
\'
Association or the Master Association on the recorded,,~
'~" ..
Plat (s) of the Property or conveyed to the Association':'
or the Master Association by deed.
'I.'
I
A non-exclusive easement is hereby granted for ingress,
and egress for pedestrian and vehicular traffic over,
through and across streets, walks, parking areas,
other rights of way, and such other portions of the.
"r~ .
Common Property as may from time to time be intended}
and designated for such uses and purposes, for the us~'T
and benefit of the Owners, their families, guests,
(~dl':
employees and invite~s, in obtaining reasonable acc~s~)t!
,,'t.C!
16
'OliO::
. ; ~
5.2
5.3
;\0 5. 4
from the Lots to the abutting public way.
5,1. 5
An easement is hereby granted to each Mortgagee for
~
.
the purpose of access to the property subject to its
mortgage.
5.1. 6
Easements are hereby reserved throughout the Property
by Declarant for its use and the use of its agents,
employees, licensees and invitees for all purposes in
connection with the development of the property,
CRYSTAL KEY AT WOOLBRIGHT PLACE, and WOOLBRIGHT PLACE.
Declarant retains the right to maintain an office
located, in its discretion, on the Property until such
time as all Lots wi thin CRYSTAL KEY AT WOOLBRIGHT
PLACE owned by Declarant have been sold to Owners
other than Declarant and closed. Declarant shall have
the right to maintain a sales agency office, together
with a sign or signs on Lots of its choice within the
Property, and the Common Property, so long as
I
Declarant is the owner of any property within CRYSTAL
KEY AT WOOLBRIGHT PLACE.
Additional Easements.
Declarant, the Association, and the
Master Association shall have the right to grant additional
easements, or to relocate existing easements throughout the
Property and to grant permits and licenses throughout the
Property for utilities, cable television services, roads and'
for such other purposes as the Declarant, the Association, and
the Master Association may deem to be in the best interests of
the Owners, or reasonably necessary or useful for the proper
maintenance or operation of the Property.
Restriction on Owner Easements.
No Owner, other than
Declarant, shall grant any easement upon any portion of the:
Property to any person or entity, without the prior written<
, ,~t~:
consent of the Assocation.
.""]
"".'
",
.,!'..
Buffer Easements. The landscape buffer easements as shown on
said Plat have been reserved for the Crystal Key at Woolbright>,
17
~I't.;.
~', .
'i., "
':-'~.~t~
;1"1'
",:,",
. .'
Place Homeowners Association, Inc., a Florida corporation, not
for profit, its successors and assigns, for landscape buffer
~
,
pruposes and is the perpetual maintenance o9ligation of said
Association, its successors and.assigns, without recourse to
the City of Boynton Beach, Flroida.
ARTICLE 6
ASSESSMENTS AND LIEN
6.1 Authority of Association. The Association, through its Board
of Directors, shall have the power and authority to make and
collect Assessments as hereinafter set forth. All Assessments
made by the Association shall be collected by the Association
or such agent as shall be designated by the Association for
collection of Assessments.
6.2 General Assessments. General Assessments shall be determined
annually for the purpose of maintenance and management of the
Association, the Common Property and maintenance of that
portion of the Lots outside of the Units, as hereinafter set
forth, payment of amounts assessed by the Master Association,
and for the purpose of promoting the safety and ,welfare of the
Owners.
Without limiting the foregoing, general Assessments
shall be used for payment of:
operation, maintenance and
management of the Association and the Common Property; payment
of amounts assessed by the Master Association; property taxes
and assessments against and insurance coverage for the Common
Property; legal and accounting fees; maintenance of any
streets dedicated or reserved to the Association; management.
, ."
fees; normal repairs and replacements; charges for utilities,
used upon the Common Property; maintenance of the pool and
cabana areas and bathrooms; cleaning services; the creation' of.
such reserve accounts as may be required from time to time by
the Board of Directors; expenses and liabilities incurred by'
the Association in the enforcement of its rights and duties
against the Members or others; maintenance of' vacant property;
maintenance of that portion ,of the Lots outside of the Un~ts
18
.~~
'~j'''t'r;
as hereinafter set forth and all other expenses deemed by the
Board of Directors of the Association to ,be necessary and
~
,
proper for management, maintenance, repair, operation,
enforcement and for the promotion of the safety and welfare of
the Owners.
6,3 Basis and Collection of General Assessments. The Association
shall annually estimate the Common Expenses it expects to
incur and the period of time involved therein and shall assess
its Members sufficient monies to meet this estimate. All
Lots, except Unimproved Lots, shall be assessed at a uniform
rate to be determined by the Association, so that all Lots
(except Unimproved Lots) subject to a general Assessment shall
be assessed equally.
Should the Association at any time
determine that the Assessments made are insufficient to pay
the Common Expenses, the Board of Directors shall have the
authority to levy additional general Assessments to meet such
needs. General Assessments shall be payable in advance on a
monthly basis.
6.4 Special Assessments. The Association shall have the power and
authority to levy and collect a special Assessment from each
Member for payment of the following:
the acquisition of
property by the Association; the cost of construction of
capital improvements to the Common Property; the cost of
construction, reconstruction, unexpected repair or replacement
of the Common Property or any capital improvement, and
including the necessary fixtures and personal property related'
thereto; including, without limitation, such costs resulting
,
from an Act of God, hurricane, flood or freeze damage; the
expense of indemnification of each Director and Officer of the
Association; and any other expenses included in the budget
adopted annually by the Association.
All Lots, except
Unimproved Lots, shall be assessed at a uniform rate. A
special Assessment shall be collectible in such manner as the
Board of Directors shall determine. If a special Assessment
shall exceed FIVE HUNDRED ($~OO.OO) per Lot, it shall requ~re
19
the approval of the Members of the Association, to be obtained
at a duly convened regular or special meeting at which a
Quorum exists and which is called at least in part to secure
this approval. Approval shall be by an affirmative vote of at
least fifty-one percent (51%) of the votes present in person
or by proxy.
'6.5
Emergency Special Assessments.
The Association may levy an
emergency special Assessment when, in the sole determination
of the Board of Directors, there is potential danger of damage
to persons or property. Emergency special Assessments may be
utilized to pay for improvements, repairs or replacements.
Events justifying emergency special Assessments include, but
are not limited to, hurricanes, floods and fires. Emergency
special Assessments shall be collected in such manner as the
Boards of Directors shall determine.
6.6 Individual Assessments. The Association shall have the power
and authority to levy and collect an individual Assessment
against a particular Lot for the cost of maintenance, repairs
or replacements to the Common Property, or any other property
to be maintained by the Association, necessitated by the
negligent or willful acts of an owner or his invitees,
licensees, family or guests, or for the cost of maintenance,
repairs or replacements within or without the Lot, which the
Owner thereof has failed or refused to perform. The
Association shall have the right to enter into and onto each
Lot
to
perform
necessary
maintenance,
repairs
and
replacements, including the right to abate or eliminate any
nuisance.
The individual assessment may include an
administrative fee charged by the Association in an amount to
be determined by the Board of Directors,in its discretion,
from time to time.
All individual Assessments shall be
collected in such ~anner as the
Board of Directors shall
-
determi~e.
6.7
Special Assessments for Non-Compliance:
In addition to all
20
other remedies provided in this Declaration, the Board of
Directors, in its sole discretion, may levy a Special
Assessment against an Owner for failure of the Owner, his
family, guests, invitees, or employees, to comply with any
provision in this Declaration or the Articles, By-Laws, rules
and regulations or Traffic Regulations of the Association,
provide~ that the following procedures are followed:
6.7.1
Notice. The Association shall notify the Owner of the
infraction or infractions.
Included in the Notice
shall be the date and time of the next Board of
Directors Meeting at which the Owner shall present
testimony as to why the Special Assessment should not
be imposed.
6.7.2
Hearing. The non-compliance shall be presented to the
Board of Directors at the time and place provided in
the Notice, at which mE!eting a hearing shall be
conducted for purposes of obtaining testimony as to
the levying of a special Assessment in the event that
it is determined that a violation has in fact
occurred. Written decision of the Board of Directors
ishall be submitted to the Owner no later than twenty
one (21) days after the hearing.
6.7.3
Amount of Special Assessment. The Board of Directors
may impose the following Special Assessments against
the Owner in the event a violation is found:
6.7.3.1 First Non-Compliance for Violation:
A Special
Assessment in an amount not in excess of $100.00.
6.7.3.2 Second Non-Compliance for Violation:
A Spec ial
Assessment in an amount not in excess of $500.00.
6.7.3.3 Third and Subsequent Non-Compliance Violation or
Violations which are of a Continuing Nature: A fine
in an amount not in excess of $1,000.00
6.7.4
Due Date of Special Assessment. A Special Assessment
as provided..in this Article shall be due and owing not
~
~later than thirty (30) days after the written decision
.
~as provided in Section 6,7.2 above.
21
,6.8
Effect of Non-payment' of Assessment.
All notices of
Assessments from the Association to the Members shall
designate when the Assessment is due and payable.
If an
Assessment is not paid on the date when due, it shall then
become delinquent and shall bear interest at the maximum rate
allowed by law (and in the absence of such law, at such
interest rate as the Board of Directors of the Association may
decide from time to time) from the date when due until paid.
The Assessment, together with interest thereon and the costs
of collection thereof, including attorneys' fees, shall be a
continuing lien against the Lot owned by the Member against
whom the Assessment is made and shall also be the continuing
personal obligation of the Owner thereof, and such personal
obligation shall pass to a successor in title to a Lot until
such time as the Assessment is paid as provided for herein.
The Association shall also record a claim of lien in the
Public Records of the County setting forth the amount of the
unpaid assessment, the rate of interest due thereon and the
costs of collection thereof.
If any Assessment or any
installment thereof shall not be paid within thirty (30) days
following the due date, the Association may declare the entire
annual unpaid Assessment immediately due and payable. The
Association may at any time thereafter bring an action to
foreclose the lien against the Lot assessed in the manner in
which mortgages on real property are foreclosed and a suit on
the personal obligation of the Owner.
A suit to collect
unpaid
Assessments may be prosecuted by the Association
without waiving the lien securing such unpaid Assessments
costs and attorneys' fees. There shall be added to the amount
of the Assessment the costs of such action, including
attorneys' fees, and in the event a judgment is obtained, such
judgment shall include interest on the Assessment as above
provided and costs, including attorneys' fees, incurred by the
Association. Any s4ccessor in title to a Lot shall be held to
construc;tive notice of the records of the Association to
,
determine the existence of any delinquency in the payment of
Assessments.
22
.6.9 Additional Assessments.' The Assessments provided for herein
shall be in addition to any other Assessments or charges which
may be levied by the Master Association. Further, any charges
or costs which may be levied against the Lots by any
government entity, including, without limitation, trash
collection charges which may be levied by Palm Beach County.
Such cha!ges or costs shall be the sole responsibility of the
Owners of the Lots and are not included in the Assessments.
6.10 Certificate of Assessments. The Association shall prepare a
roster of the Members, their respective Lots and Assessments
applicable thereto, which shall be kept in the office of the
Association or at the office of the appointed management
company, and shall be open to inspection by all Members at
reasonable business hours. At the request of an Owner, the
Boar~ of Directors shall prepare a Certificate of Assessments
signed by an officer of the Association, or an agent or
management company, if one exists, setting forth whether the
Owner's Assessments have been paid and the amount which is due
as of the date of the Certificate.
As to parties without
knowled~e of error who rely thereon, such Certificate shall be
presumptive evidence of payment or partial payment of any
Assessment therein stated as having been paid or partially
paid.
6.11 Subordination of Lien to Mortgages.
Regardless of the
effective date of the lien of any Assessments made by the
Association, such Assessment lien shall be subordinate and
inferior to the lien of the mortgage of any Mortgagee. Such
subordination shall, however, apply only to the Assessments
which have become due and payable prior to a final sale or
transfer of the mortgaged Lot pursuant to a decree of
foreclosure or in any other proceeding or conveyance in lieu
of foreclosure of" the mortgage.
No such sale or other
transfe~ shall relieve any Lot from liability for any
.
Assessm~t becoming due thereafter, nor from the lien of any
such subsequent Assessment. Any delinquent Assessments which
23
are eliminated against a Lot pursuant to a sale or transfer in
connection with the foreclosure of a mortgage, or any
proceeding or deed in lieu of foreclosure, may be reallocated
and assessed to all Owners as a Common Expense. The written
opinion of the Association that the Assessment lien is
subordinate to a mortgage lien shall determine any question of
subordination.
I
6.12 Payments by Declarant. Notwithstanding any provision that may
be contained to the contrary in this instrument, for so long
as Developer is the owner of any Lot, the Developer shall not
be liable for Assessments against such Lot, provided that
Developer funds any deficit in operating expenses in excess of
assessments billed and initial capital contribution collected
from the Association. Developer may at any time commence
payi~g such assessments as to Lots that it owns and thereby
automatically terminate its obligation to fund subsequent
deficits in the operating expenses of the Association. In any
event, any funding of Association deficits shall be treated as
loans from the Developer to be repaid by the Association at a
market rate of interest.
6.13 Exempt Property. The following property shall be permanently
exempt 'from the payment of all Assessments by the Association:
6.13.1 All property dedicated or reserved to or owned by the
Association and the Master Association.
6.13.2 All property dedicated to or owned by the water
6.13.3
6.13.4
management district, water control district or other
party responsible for maintenance of the water
management system within CRYSTAL KEY AT WOOLBRIGHT
PLACE and/or WOOLBRIGHT PLACE.
Any portion of the Property dedicated to the County.
Any portion of the Property exempted from ad valorem
taxation by,the laws of the State of Florida.
6.13.5 ~Any Unimproved Lots.
6.14 Initial Capital Contribution. In addition to all of the
24
foregoing Assessments, Owners shall also be required to pay,
at the time of the closing of their Lots, a sum equal to two
(2) months general Assessments, assessed against a Lot by
the Association, which sum shall be paid to the Association as
an initial contribution to the working capital of the
Association.
This initial contribution shall not relieve
Owner of Owner's responsibility to pay all prepaid monthly
installments of the general Assessments assessed against
Owner's Lot, as well as all subsequent Assessments. The
contribution is a one-time contribution to be made by the
initial purchasers of Lots from Declarant.
All capital
contributions received by the Association shall be for the use
and
benefit
of
the
Association
and
the
Owners.
Nonwithstanding the foregoing, the Developer, for so long as
it controls the Board of Directors, shall have the right to
use the Initial Capital Contributions to pay for ordinary
expenses of the Association.
ARTICLE 7
MAINTENANCE OF PROPERTY
7,1
Association Responsibilities.
The Association shall be
responsible for perpetual maintenance of the following:
7.1.1
All roads within the Property which are dedicated or
reserved to the Association on any plat of any portion
of the Property or conveyed by deed to the
Association. All landscaping and irrigation of the
Common Property. The entry gates, entry signage, and
entry features, and other improvements, if any,
located on the Common Property.
7.1.2
In the event that any Owner fails to properly maintain
any property that the Owner is required to maintain,
~
~ the Association shall have the right to make any
.
~epairs or replacements as it deems necessary. In
such event, the Association shall have the right to
25
7.2
individually assess the Owner involved for all costs
incurred in making such repairs or replacements,
pursuant to Article 6 of this Declaration.
7.1.3
The landscape buffer easements as shown on said Plat
have been reserved for the Crystal Key at Woolbright
Place Homeowners Association,
a Florida
Inc. ,
corporation, not for profit, its successors and
assigns, for landscape buffer pruposes and is the
perpetual maintenance obligation of said Association,
its successors and assigns, without recourse to the
City of Boynton Beach, Florida.
Owner Responsibilities.
The Owner of each Lot shall be
responsible for maintenance of the interior areas of the Unit,
incl~ding but not limited to the garage, driveway, and the
doors, windows, screens and the exterior of each Unit,
including but not limited to the roof and exterior walls of
the dwelling and attached garage, the painting of the exterior
surfaces and the mailbox. All Lots shall be kept in a clean
and sanitary condition and no rubbish, refuse or garbage shall
be allowed to accumulate or any fire hazard allowed to exist.
The Owner of each Lot shall be responsible for the maintenance
of any'lawn, trees, shrubs and all landscaping on the Lot;
provided, however, that no landscaping whatsoever may be
installed by an Owner on a Lot without the approval of the
D.R.B., as set forth in Section 9.1.17 hereof. The homeowner
is not responsible for the maintenance of any site wall, fence
landscaping, irrigation or any other improvement located
within a Fence and Berm Easement or Landscape Buffer Easement
on their Lot.
The expense of any maintenance, repair or
construction of any portion of the Common Property or the
exterior of any Unit necessitated by the negligent or willful
acts of an Owner or "his invitees, licensees, family or guests
shall b~ borne solely by such Owner and his Lot shall be
.
subject t to an individual Assessment for such expense.
Extraordinary repairs or replacements beyond the normal
26
maintenance performed by the Association, but not resulting
from a casualty covered by insurance, shall be timely
performed by the individual Owner at his own expense, subject
to the Association's satisfaction that such repairs or
replacement comply with the restrictions contained in Articles
8 and 9 hereof.
The Board of Directors of the Association
shall determine in its sole discretion, which repairs and
replacements are "normal" and performed by the Association,
and which are extraordinary and performed by an Owner. In the
event the Owner fails to perform its responsibilities, as
aforesaid, the Association shall have the right, but not the
obligation, to perform such maintenance and to assess the
costs thereof against such Owner and his Lot as an individual
Assessment, pursuant to Article 6 of this Declaration. The
Association and its agents and employees shall have an
irrev;ocable right of access to all Lots to make emergency
repairs, to do maintenance and repair work required to be
performed by the Association pursuant to the terms hereof, and
to do such other work reasonably necessary for the proper
maintenance and operation of the Property.
ARTICLE 8
ARCHITECTURAL CONTROLS
It is the intent of the Declarant to create within the Property a
residential community of high quality and harmonious Improvements.
Accordingly, no Improvements shall be commenced, erected, placed or
maintained within the Property nor shall any addition, change or
al teration be made to any Improvements unless and until the plans,
specifications, materials, colors, and location of same shall have been
submitted to and approved in writing by the Developmental Review Board
of CRYSTAL KEY AT WOOLBRIGHT PLACE and by the Master Association, if
applicable. The procedures to be followed by the D.R.B. shall be as
set forth herein, in the Master Declaration and in the rules,
regulations and standards a~. may be adopted by the D.R.B. of CRYSTAL
KEY AT WOOLBRIGHf PLACE and if applicable by WOOLBRIGHT PLACE Master
,
Association from time to time. In any case, any improvement made shall
be performed in accordance with the applicable governmental authority
27
codes, and by licensed and insured individuals.
ARTICLE 9
9.1 Restrictions on Use of Lots and Common Property.
USE RESTRICTION
9.1.1
9.1. 2
9.1. 3
Residential Use.
All Lots shall be used only as
,single family, private, residential dwellings and for
no other purpose,
"Single Family" shall mean and
refer to either a single person occupying a Unit and
maintaining a household, including not more than one
authorized tenant; or two (2) or more persons related
by blood, marriage, or adoption occupying a Unit and
living together and maintaining a common household,
including not more than one authorized tenant; or not
more than four (4) unrelated persons occupying a Unit
as distinguished from a group occupying a boarding or
lodging house, hotel, club or similar dwelling for
group use.
No Commercial Activities.
No Lot shall be used or
occupied for any purpose other than as a residential
~welling by a Single Family, its household and guest.
No business or commercial activity shall be permitted
on any Lot, nor shall any business be conducted on any
part thereo f .
Cars, trucks, vans, and any other
vehicles shall be prohibited from being parked other
than for pick ups and deliveries, if they display
commercial signs thereon. The foregoing restrictions
shall not apply to the Declarant.
Pets. No animals, livestock, or poultry of any kind
shall be raised, bred or kept on any Lots except that
dogs, cats or other household pets may be kept. An
owner shall have no more than 2 pets and each pet
cannot exceed the'maximum weight of 25 pounds. All
dogs must ,pe on a leash or carried when on the
-
~Property: however, no pets shall be permitted within
.
~ny recreational areas, including, without limitation
the Pool and Cabana, if any, under any circumstances.
28
9.1.4
9.1. 5
9.1. 6
9.1.7
9.1. 8
It shall be the'pet owner's obligation to remove the
pet's waste material from all property maintained by
the Association.
The Board of Directors of the
Association shall have the right to order the removal
of any pet which is considered, in the Board's sole
discretion, a nuisance. In such event, the Board of
Directors shall give written notice thereof to the pet
owner, and the pet shall immediately thereafter be
permanently removed from the Property.
Temporary Structures.
No temporary buildings,
structures or tents, either with or without living,
sleeping or eating accommodations, shall be placed,
located, kept or maintained within the Property.
Insurance.
No owners or occupants of a Lot shall
permit or suffer anything to be done or kept within
his or their Lot or make any use of the Common
Property which will increase the rate of insurance on
any portion of the Property.
Nuisances. No use or practice which is, in the sole
opinion of the Board of Directors of the Association,
lei ther an annoyance to other Owners or an interference
with the peaceful possession and proper use of the
Property by Owners, shall be allowed. No Owner and no
occupants of a Lot shall commit or permit any nuisance
or illegal activity in or about the Property.
Outside Displays. No Owner and no occupants of a Lot
shall cause anything to be affixed or attached to,
hung, displayed or placed on the exterior walls,
doors, balconies or windows of his or their Lot,
including reflective film, except with the prior
written consent of the D.R.B.
This provision shall
not apply to the Declarant.
Antennae.
No radio, television or other electronic
antennae, a,erial, or satellite receiving dish, or
~
~other reception or transmission device may be erected
,
~r maintained anywhere on the Common Property or the
exterior of any Lot or Unit unless installed by
29
Declarant or with the prior written consent of the
D.R.B.
9.1. 9
Motor Vehicles.
No vans or pickups over 1/2 ton,
campers, trailers, motorcycles, recreational vehicles,
boats and/or boat trailers, commercial vehicles (other
than in connection with pick ups and deliveries), or
,inoperative vehicles shall be stored or parked within
the Property, or on any Lot, unless parked in a garage
with closed doors out of public view, nor shall any
motor vehicles by repaired on the Property or on any
Lot.
For purposes of this subsection, any vehicle
weighing in excess of one-half (1/2) ton payload
capacity shall be conclusively presumed to be a
commercial vehicle. Determinations as to acceptable
motor vehicles shall be made in the sole discretion of
the Board of Directors of the Association.
9.1.10 Exterior Alterations. No structural changes, exterior
color changes, alterations or additions shall be made
or added to any Unit or Lot without the prior written
approval of the D.R.B.
9.1.11 ~rash Containers. All trash containers and contents
thereof shall be stored in an area not visible from
the Streets or adjoining Lots.
For purposed or
periodic trash removal, however, an Owner, within
twenty-four (24) hours prior to pick-up, may place the
covered trash containers at locations convenient for
pick-up.
9.1.12 Awnings. No awnings, canopies or shutters, including
hurricane or storm shutters, shall be attached or
affixed to the exterior of any building unless such
awnings, canopies or shutters have been approved in
writing by the D.R.B. Notwithstanding the foregoing,
hurricane or storm shutters may be erected when there
is an immi,nent threat of a storm or hurricane,
~
~provided that such shutters are removed within forty
I
~ight (48) hours after the storm or hurricane has
passed.
30
9.1.13 Parking. The parking and storage of automobiles and
other motor vehicles shall be limited to the driveways
and garages of Lots and other paved surfaces
designated by the Association.
9.1.14 Clothes and Dryina Facilities. No outside clothesline
or other clothes drying facility shall be permitted,
unless obscured from public view.
9.1.15 Signs. No sign of any kind shall be displayed to the
public view on any portion of the Property, except
such signs as are placed by the Declarant. No sign of
any kind (including but not limited to "For Sale"
signs) shall be permitted to be placed inside a Unit
or on the outside walls of the Unit or on any fences
on the Property, nor on the Common Property, nor on
dedicated or reserved areas, nor on entryways nor any
vehicles within the property, except such as are
placed by the Declarant or are approved in writing by
the Development Review Board prior to the sign being
placed or erected.
9.1.16 Landscaping. No Owner shall place any landscaping on
ihis Lot outside his Unit or on the Common Property
without the express prior written consent of the
D.R.B.
In the event an Owner shall obtain such
consent, the landscaping shall be maintained by the
Owner, at his own cost and expense.
9.1.17 No Excavation, Mining or Drilling. Excavation, mining
or drilling on the Property shall not be permitted.
9.1.18 Other Improvements. The construction or erection of
any Improvements on any of the Lots, or the
reconstruction or alteration of any Improvements,
including sports, recreational or toddler/children
equipment, shall be subject to the prior written
approval of the D~R.B.
9 . 1 . 19 Easement . ~o Unit or other Improvement, or any trees,
~
~bush, shrub or landscaping of any kind shall be built
.
~or maintained upon any easement or right of way
without the prior written approval of the utility
31
company to whom said easement or right of way is
granted and the prior written approval of the D.R.B.
The D.R.B. may disapprove construction or landscaping
of an easement or right of way even if approval has
been given by the utility company, and in said
instance, the construction or landscaping shall not be
allowed.
I
9.2
Additional Rules and Regulation.
The Declarant, until the
Turnover Meeting, and thereafter the Board of Directors of the
Association,
may establish such additional rules and
regulations as may be deemed for the best interests of the
Association and its Members for purposes of enforcing the
provisions of this Declaration. Provided, however, no rules
and regulations shall be adopted by the Board which would
adve~sely impact on the construction, development, sale or
marketing of the Property or on the condition or appearance of
the Property, without the prior written consent of the
Declarant, in accordance with the provisions of Section 3.6.2
hereof.
9.3
Exempti6n for Declarant:
Declarant's Easements:
The
provisions of this Article 9 shall not apply to the Declarant,
so long as the Declarant owns any property CRYSTAL KEY AT
WOOLBRIGHT PLACE, or is doing construction or repair work in
CRYSTAL KEY AT WOOLBRIGHT PLACE. In addition to the property
rights granted in this Declaration to the Declarant, as an
Owner or otherwise, the Declarant is extended the right to
enter upon the Property at any time and in any way reasonably
necessary to allow the Declarant to construct, sell, or
promote in this subdivision or any contiguous subdivision or
to carry out any responsibility of the Declarant to Owners in
such subdivisions.
9.4 Appeals~and Variances. As to those restrictions contained in
.
this article 9 that are to be enforced by the D. R. B., the
procedures for appeals and variances shall be as established
32
by the D. R. B .
As to those restrictions contained in this
Article 9 that are to be enforced by the Association, the
procedures for appeals and variances shall be as established
by the Board of Directors of the Association.
9.5 Enforcement. Failure of an Owner to comply with a provision
in the D~claration or a provision in the By-Laws, Articles of
Incorporation, rules and regulations or Traffic Regulations of
the Association shall provide the Association with the right
to bring legal action in law or in equity, including but not
limited to any action for injunctive relief, damages, or a
combination thereof, the right to impose a special Assessment
for non-compliance, as provided herein and in the event of a
failure to pay Assessments or to abide by the architectural
restrictions in the Declaration and the Master Declaration,
the ~ight to foreclose its lien, as provided herein and in the
Master Declaration. All costs and expenses incurred by the
Association in any such proceeding, inclusive of attorney's
fees and costs (whether or not litigation is instituted)
including such costs and attorney's fees on appeal, shall be
the responsibility of the Owner determined by the Association
to be in violation. Collection of such attorney's fees may be
enforced by any method in this Declaration providing for the
collection of an Assessment, including but not limited to a
foreclosure proceeding.
ARTICLE 10
INSURANCE
Insurance, other than title insurance, that shall be carried on the
Common Property shall be governed by the following provisions:
10.1 Authority to Purchase: Named Insured. All insurance policies
upon the Common Property shall be purchased by the Association
and shall be placed in. a single agency or company, if
possible.
The named insured shall be the Association for
itself and as agent for the Members without naming them and as
.
agent fbr Mortgagees.
provisions shall be made for the
issuance of Mortgagee endorsements and memoranda of insurance
33
to any such Mortgagees.
The policies shall provide that
payment by the insurer for losses shall be made to the
Association for the benefit of the Members and Mortgagees, as
their interests may appear.
The Owners shall purchase
insurance on their individual Lots, which Lots shall be
insured at their maximum insurable replacement cost; provided,
however~ all other variables of insurance coverage on the
respective Lots may be as each Owner deems appropriate.
I
10.2 Coverage.
10.2.1 Casualty Insurance. All insurable Improvements on the
Common Property shall be insured for fire and extended
coverage perils, excluding foundation and excavation
costs, at their maximum insurable replacement cost and
all personal property owned by the Association shall
be insured for its full insurable value, all as
determined annually by the Board of Directors of the
Association.
The casualty insurance policy must
provide for at least ten (10) days written notice to
the Association before the insurer can cancel or
substantially modify the policy.
10.2.2 'Public Liability Insurance.
The Association shall
obtain public liability and property damage insurance
covering all of the Common Property, and insuring the
Association, the Members and Mortgagees as their
interests may appear in such amounts and providing
such coverage as the Board of Directors of the
Association may determine from time to time; including
without limitation, coverage for bodily injury and
property damage resulting from operation, maintenance
or use of the Common Property and any legal liability
arising in connection with employment contracts to
which the Association is a party provided that the
minimum amount of coverage shall be $500,000.00 each
person and $,1,000,000.00 each incident. The liability
insurance shall include, but not be limited to,
.
~ired and non-owned automobile coverage. The
liability policy must provide for at least ten (10)
34
days written n0tice to the Association before the
insurer can cancel or substantially modify the policy.
10.2.3 Workmen's Compensation Insurance.
The Association
shall obtain Workmen's Compensation Insurance in order
to meet the requirements of law, as necessary.
10.2.4 Flood Insurance. The Association shall obtain flood
,insurance if required to meet the requirements of
federal, state or local law.
10.2.5 Other Insurance.
The Board of Directors of the
Association shall obtain such other insurance as it
shall determine from time to time to be desirable.
10.2.6 Subrogation Waiver.
If available, the Association
shall obtain policies which provide that the insurer
waives its right to subrogation as to any claim
against Members, the Association and their respective
servants, agents and guests.
10.3 Premiums. The cost of insurance premiums and other incidental
expenses incurred by the Association in administering and
carrying out any of the provisions of this Article shall be a
Common Expense.
10.4 Shares of Proceeds. The Association shall not be liable for
the sufficiency of policies nor the failure to collect any
insurance proceeds. The duty of the Association shall be to
receive such proceeds as are paid and to hold the proceeds in
trust for the purposes elsewhere stated herein for the benefit
of Members and
Mortgagees in the following shares, which
shares need not be set forth on the records of the
Association:
10.4.1 Common Property.
Proceeds on account of damage to
Common Property shall be an equal undivided share for
each Member.
~
10.4.2 ~Mortgagees. In the event a Mortgage endorsement has
,
\}een issued regarding an Improvement, the share of the
Owner shall be held in trust for the Mortgagee and the
35
~""i-"i..C\1:-i-"f.J?..f..tk. ,
Owner as their interests may appear; provided,
however, that no Mortgagee shall have any right to
determine or participate in the determination as to
whether or not any damaged Improvement shall be
reconstructed or repaired, nor any right to apply or
have applied to the reduction of a mortgage debt any
,insurance proceeds except distribution of such
proceeds made to the Owner and Mortgagee pursuant to
the provisions of this Declaration.
10.5 Distribution of Proceeds.
Proceeds of insurance policies
received by the Association shall be distributed to or for the
benefit of the Members in the following manner:
10.5.1 Reconstruction or Repair.
If the damage for which
proceeds are paid is to be repaired or reconstructed,
the remaining proceeds shall be paid to defray the
cost of such, as hereinafter provided. Any proceeds
which remain after defraying such costs shall be
distributed to the Members and Mortgagees as their
linterests may appear.
10.5.2 Failure to Reconstruct or Repair. If it is determined
in the manner hereinafter provided that the damage for
which proceeds are paid shall not be reconstructed or
repaired, the remaining proceeds shall be distributed
to the Member and Mortgagees as their interests may
appear. There shall be no distribution of remaining
proceeds until all debris, remains and residue have
been cleared and removed and the damaged area has been
properly landscaped. In the event of loss or damage
to personal or real property belonging to the
Association and should the Board of Directors of the
Association determine not to replace such personal or
real property as may be lost or damaged, the proceeds
~shall be distributed to the Members and Mortgagees as
.
~heir interests may appear.
36
,J.
"""''''...~
110.6 Association's Power to Compromise Claims.
The Board of
Directors of the Association is hereby irrevocably appointed
agent for each Member and for each Mortgagee or other lien
holder, for the purpose of compromising and settling all
claims arising under insurance policies purchased by the
Association and to execute and deliver releases therefor upon
paYment ,of claims.
ARTICLE 11
RECONSTRUCTION OR REPAIR AFTER CASUALTY.
11.1 Determination to Reconstruct or Repair.
If any part of the
Property shall be damaged by casualty, whether or not it shall
be reconstructed or repaired shall be determined in the
following manner:
11.1.1 Common Property. If the damaged Improvement is part
of the Common Property, the damaged Improvement shall
be reconstructed or repaired unless it is determined
by the Member of the Association that it shall not be
reconstructed or repaired.
11.1.2 Lot. I f the damaged property is Improvements on Lots,
'the damaged Improvements shall be reconstructed or
repaired unless all affected Owners and Mortgagees,
the Association and the D.R.B. agree that the damaged
Improvements shall not be reconstructed or repaired.
11.2 Plans and Specifications. Any reconstruction or repair must
be
substantially
in
accordance with
the
plans
and
specifications for the original Improvements; or, if none,
then according to plans and specifications approved by the
Board of Directors of the Association and the D.R.B.
11.3 Estimates of Costs. Immediately after a determination is made
to rebuild, replace or repair damage to property for which the
Association has
the responsibility of reconstruction,
replaceroent or repair, the Association shall obtain reliable
.
and detcliled estimates of the cost to rebuild, replace or
repair. Such costs may include professional fees and premiums
37
for such bonds as the Board of Directors may require.
11.4 Special Assessments.
Unless the damage was caused by the
gross negligence or willful act of a Member, in which case
such Member shall be liable, the amount by which an award of
insurance proceeds is reduced on account of a deductible
clause in an insurance policy shall be assessed equally
against all Members as a special Assessment. If the proceeds
of such special Assessment and of the insurance are not
sufficient to defray the estimated costs of reconstruction,
replacement and repair by the Association, or if at any time
during reconstruction, replacement and repair, or upon
completion of the costs of reconstruction, replacement and
repair are insufficient, special Assessments shall be made
against the Members in sufficient amounts to provide funds for
the paYment of such costs.
11.5 Construction Funds.
The funds for the paYment of costs of
reconstruction, replacement and repair after casualty, which
shall consist of proceeds of insurance held by the Association
and furids collected by the Association from special
Assessments against Members, shall be distributed in payment
of such costs in the following manner:
11.5.1 Association. The proceeds of insurance collected on
account of a casualty, and the total special
Assessments made by the Association in order to
provide
funds
for
payment
of
reconstruction,
replacement
and
repair,
shall
constitute
a
construction fund which shall be held by the
Association and thereafter disbursed in payment of the
costs of reconstruction, replacement and repair in the
following manner and order:
11.5.2 Association - Lesser Damage.
If the amount of the
~estimated costs of reconstruction, replacement and
.
~epair that is the responsibility of the Association
is
less
than
Twenty-Five
Thousand
Dollars
38
($25,000.00), the construction fund shall be disbursed
in payment of such costs upon the order of the
Association.
11. 5.3 Association - Major Damage.
If the amount of the
estimated costs of reconstruction, replacement and
repair that is the responsibility of the Association
is Twenty-Five Thousand Dollars ($25,000.00) or more,
then construction funds held by the Association shall
be disbursed in payment of such costs in the manner
required by the Board of Directors of the Association,
and upon approval by an architect or general
contractor qualified to practice in Florida and
employed by the Association to supervise the work.
11.5.4 Surplus. It shall be presumed that the first monies
disbursed in paYment of costs of reconstruction,
replacement and repair shall be from insurance
proceeds. If there is a balance in the construction
fund after payment of all costs of the reconstruction,
replacement and repair for which the fund is
established, such balance shall be distributed equally
ito the Members. Any distributions will be made within
one year and may be an offset to the next years budget
amount.
11.6 Equitable Relief.
In the event of major damage to or
destruction of part of the Common Property or Improvements to
Lots and in the event the property is not repaired,
reconstructed, replaced or rebuilt within a reasonable period
of time, any Member shall have the right to petition a court
of equity having jurisdiction in the County, for equitable
relief.
ARTICLE 12
INDEMNIFICATION OF DIRECTORS. OFFICERS AND COMMITTEE MEMBERS
-
Every Director, Officer and Committee Member of the Association
.
shall be indemni'fied by the Association against all expenses and
liability, including attorneys' fees, incurred by or imposed upon him
39
in, connection with any proceeding to which he may be a party or in
which he may become involved by reason of his being or having been a
Director, Officer or Committee Member whether or not he is a Director,
Officer or Committee Member at the time such expenses are incurred,
expect in such cases where the Director, Officer or Committee Member is
adjudged guilty of willful misfeasance or malfeasance in the
performance of h~s duties; provided however, that in the event of any
claim for reimbursement or indemnification hereunder based upon a
I
settlement or indemnification, the indemnification herein shall apply
only if the Board of Directors approves such settlement and
reimbursement as being in the best interest of the Association. The
foregoing right of indemnification shall be in addition to and not
exclusive of all other rights to which such Officer, Director or
Committee Member may be entitled.
ARTICLE 13
GENERAL PROVISIONS
13.1 Assignment. All of the rights, powers obligations, easements
and estates reserved by or granted to Declarant or the
Association may be assigned by Declarant or the Association,
as the case may be. After such assignment, Declarant or the
Association, as the case may be, shall be relieved and
released of all obligations with respect to such right, power,
obligation, easement or estate.
13.2 Amendment. This Declaration may be amended from time to time
by recording among the Public Records of the County an
instrument executed by the President or a Vice President and
attested to by the Secretary of the Association, indicating
(if required pursuant to the terms hereof) that a meeting
called for purposes of amendment was held and that the
requisite number of Members formally approved the amendment,
subject, however, to the following provisions:
13.2.1 Except as" provided herein below, an amendment
-
~ initiated by any party other than Declarant must
.
bbtain the approval of at least eighty percent (80%)
of the votes of Members; provided that until such time
40
as the Declarant relinquishes control of the
Association, all amendments must include the joinder
of Declarant.
13.2.2 Subject to the requirements of the Declaration, as
long as Declarant owns any property within the
Property, the Declarant shall have the absolute and
uncondi tional right to alter, modi fy , supplement,
change, revoke, rescind or cancel any or all of the
provisions contained in this Declaration including,
but not limited to provisions relating to the addition
of property subject to this Declaration, use
restrictions and Assessments, without the joinder and
consent of the Owners, the Association or any other
individual or entity and the foregoing parties hereby
waive any right to consent to such changes.
Such
changes may affect the entire property or only
specific portions of the Property, but shall be
subject to applicable government approvals. Further,
the Declarant may amend this Declaration at any time
for the purpose of subjecting additional real property
iwithin CRYSTAL KEY AT WOOLBRIGHT PLACE to this
Declaration, without the joinder and consent of any
other Owners, the Association, Mortgagees or any
party.
13.2.3 In addition to other government approvals which may be
required, any amendment to this Declaration which
would affect the surface water management system,
including the water management portions of the Common
Property, must have the prior approval of the South
Florida Water Management District.
13.2.4 No Portion of any plat of the Property containing open
space may be vacated in whole or in part unless the
entire plat is vacated; provided, however, that
portions of a plat containing open space may be
~ vacated if the effect of such vacation would not
.
~reduce the total open space within the Property below
the requirements of the City zoning code.
41
13.2.5 Any duly adopted amendment to this Declaration shall
run with and bind the Property for the same period and
to the same extent as do the covenants and
restrictions set forth herein.
13.3 Duration.
All of the covenants, restrictions and other
provisiqns of this Declaration shall run with and bind the
Property for a term of fifty (50) years from the date of
recordation of this Declaration after which time they shall be
automatically extended for successive periods of ten (10)
years each, unless an instrument executed by at least eighty
percent (80%) of the votes of the Members then existing and by
all Mortgagees, has been recorded agreeing to change or
terminate these covenants and restrictions.
13.4 Covenants Running with the Property. The agreements,
covenants, conditions, restrictions, Assessments, liens and
other provisions contained herein shall constitute a servitude
upon the Property and each portion thereof, shall run with the
Property, shall be binding upon the Owners of any portion
thereof I and shall inure to the benefit of Declarant, the
Association and the Owners of Lots within the Property.
13.5 Enforcement. Enforcement of the covenants, restrictions,
conditions, obligations, reservations, rights, powers,
Assessments, liens and other provisions contained herein shall
be by a proceeding at law or in equity against any persons or
entities violating or attempting to violate same and against
the Property subject hereto to enforce any lien created by
this Declaration. In the event that Declarant and the
Association fail to enforce the terms of the Declaration then
any Member may do so. The failure or refusal of Declarant,
the Association or any Member to enforce any of the provisions
of this Declaration,.shall in no event be deemed to constitute
a waive~ of the right to do so thereafter.
13.6 Declarant's Rights. For so long as Declarant owns or has any
42
use rights to any property subject to this Declaration,
Declarant shall have the right to transact any business
necessary to consummate sales of property throughout CRYSTAL
KEY AT WOOLBRIGHT PLACE, including but not limited to the
right to maintain office(s) on the Property, in location(s) to
be selected by Declarant, to have employees in such offices,
to cons~ruct and maintain sales agency offices on the Property
and such other structures or appurtenances which are necessary
or desirable for the development or sale of property
throughout CRYSTAL KEY AT WOOLBRIGHT PLACE, including without
limitation, sales models and parking lots, to post and display
a sign or signs on any Lots owned by Declarant or on the
Common Property; and to use the Common Property and to show
Lots.
Sales office signs and all other structures and
appurtenances pertaining to the sale or development of
prop~rty within CRYSTAL KEY AT WOOLBRIGHT PLACE shall not be
considered Common Property and shall remain the property of
the Declarant.
13.7 Notices. Any notice required to be sent to any Owner under
the provisions of this Declaration shall be deemed to have
been properly given when mailed, postage paid, to the last
known address of the person who appears as a Owner on the
records of the Association as of the time of such mailing.
Notices to Mortgagees shall be deemed to have been properly
given when mailed, postage prepaid, to the last known address
of the Mortgagee on the records of the Association at the time
of such mailing. Each Owner shall notify the Association of
all mortgages encumbering a Lot and any transfer thereof, the
amount of such mortgages and the recording information for the
mortgages.
The holder of a mortgage encumbering a Lot may
notify the Association of the existence of such mortgage and
upon receipt of that notice, the Association shall register in
its records all p~rtinent information pertaining to the
mortgag~. The Association shall not be liable to any party
,
for fail~re to obtain from any Owner information regarding a
mortgage encumbering a Lot or for failure to provide any party
43
;j;~:,:i,;;.~\\:i):,~;:';;':j,:.,; "
with notice of such infbrmation.
13.8 Additional Restrictions, In addition to this Declaration, the
Property shall be subject to the additional covenants,
restrictions, reservations, Assessments, liens and other terms
and provisions set forth in the Master Declaration and the
articles of incorporation and by-laws of the Master
Association and the rules and regulations and traffic
regulations adopted by the Master Association, as the same may
be amended from time to time.
13.9 Plats. In addition to this Declaration, the Property shall be
subject
to
the
additional
covenants,
restrictions,
reservations and other terms and provisions set forth in the
plats of the Property, which plats are recorded or to be
recorded in the public records of the County.
13.10 Non-Condominium.
13.10.1 The Association is not intended to be a condominium
association and is not being created in accordance
Iwith Florida Statute, Chapter 718, in existence as of
the date of recording this Declaration.
13.10.2 The Common Property is not intended to be condominium
property under Florida Statute, Chapter 718, in
existence as of the date of recording this Declaration
and is not part of the common elements of any
condominium.
13 . 11 Gender and Numbe r .
The use of the singular herein shall
include the plural and the use of any gender shall include all
genders.
13.12 Caption.
The captions used in this Declaration and the
exhibits annexed hereto are inserted solely as a matter of
convenience and shall not be relied upon or used in construing
.
~
the tex~ of this Declaration or any exhibits hereto.
44
,13.13 Severability. Invalidation of anyone of the covenants or
restrictions contained herein by judgment or court order shall
in no way affect any other provisions hereof, which shall
remain in full force and effect.
13.14 Effective Date. This Declaration shall become effective upon
its recordation in the Public Records of the County.
ARTICLE 14
CERTAIN EASEMENTS, DEDICATIONS AND RESERVATIONS
The following reservations, easements and dedications, among others,
appear on the Plat of CRYSTAL KEY AT WOOLBRIGHT PLACE P.U.D. which is
recorded in Plat Book , Page of the Public Records of Palm Beach
County, Florida. These reservations, easements, and dedications among
other things ~et forth certain maintenance and other obligations that
must be complied with by the Association, Master Association or Owners
as hereafter indicated:
14.1 Tract R or a portion thereof as shown on said Plat is reserved
to Crystal Key at Woolbright Place Homeowners Association,
Inc., a Florida corporation, not for profit, its successors
and assigns, as a private roadway for ingress, egress,
utilities drainage and other purposes not inconsistent with
this reservation, and is the perpetual maintenance obligation
of said Association, its successors and assigns, without
recourse to the City of Boynton Beach, Florida.
14.2 Tract B or a portion thereof as shown on said plat is reserved
to Crystal Key at Woolbright Place Homeowners Association,
Inc., a Florida corporation, not for profit, its successors
and assigns, for open space purposes and is the perpetual
maintenance obligation of said Association, its successors and
assigns, without r.ecourse to the City of Boynton Beach,
Florida~
14.3 Tract C or a portion thereof as shown on said plat is reserved
45
to Crystal Key at Woolbright Place Homeowners Association,
Inc., a Florida corporation, not for profit, its successors
and assigns, for recreational purposes and is the perpetual
maintenance obligation of said Association, its successors and
assigns, without recourse to the City of Boynton Beach,
Florida.
'14.4 As stated on said Plat, the City of Boynton Beach shall have
the right, but not the obligation, to maintain any portion of
the drainage system encompassed by this plat which is
associated with the drainage of public streets, including the
right to utilize for proper purposes any and all drainage,
lake maintenance, and lake maintenance access easements
associated with said drainage system,
14.5 The utility easements as shown on said Plat have been
dedicated in perpetuity for the construciton and maintenance
of utility facilities, including cable television systems.
The installation of cable television systems shall not
interfere with the construction and maintenance of other
utilities.
14.6 The limited access easements as shown on said Plat have been
dedicated to the City of Boynton Beach, for the purpose of
control and jurisdiction over access rights,
14.7 This plat is subject to Woolbright Place Master Association
Declaration of Protective Covenants (O.R.B. 8649, pg. 968,
P.B.C.R.) .
14.8 The buffer easements as shown on said Plat have been reserved
for the Crystal Key at woolbright place Homeowners
Association, Inc., a Florida corporation, not for profit, its
successors and assigns, for landscape buffer purposes and is
the perpetual maint~nance obligation of said Association, its
~
success9rs and assigns, without recourse to the City of
BoyntoniBeach, Florida.
46
,IN WITNESS WHEREOF, Declarant has caused this Declaration to be
executed the day and year first above written.
Si9ned, sealed and
delivered in the
presence of:
By: KENNEDY PROPERTIES, LTD., a
Florida limited partnership
By: KENNEDY CONSTRUCTION GROUP, INC
a Florida corporation, its
General Partner
By:
Timothy R. Kelly, President
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me, this ----
day of February, 1997 by Timothy R. Kelly, as President of Kennedy
Construction Group, Inc., a Florida corporation who is personally known
to me and who produced a drivers license as identification and who did
not take an oath.
(seal)
Notary Public
My Commission Expires:
47
FEB-25-97 TUE 04:35 PM INDEPENDENOE TITLE
FAX NO.
p, 02
JOINDER OF ASSOCIATIQN
CRYSTAL KEY AT WOOLBRIGHT PLACE HOMEOWNER I S ASSOCIATION, INC., a
Florida corpor3tion not for profit, hereby joins in this Declaration of
Covenants and Restrictions for CRYS~AL KEY AT WOOLBRIGHT PLACE for the
sole purpose of agreeing to perform its obligations as contained
herein.
Signed, sealed arid delivered
in'the presence oft
CRYSTAL KEY AT WOOLBRIGHT PLACE
HOMEOWNER'S ASSOCIATION, INC.
e Florida ccrpoJ;ation not for
profit
~~
.s~lk r ~((~ L
""1!'!
IidW 1.. W
By: A/?b
7 1,/
Bohart J. 'rr utman
Its: Pre6~dent
(Corporate Seal)
STATE OF FLORIDA )
) 53:
COUNTY OF PALM BEACH )
II.
Th~ for}!goiag instrument was acknowledged before me, this ) '7 day of
:ta-*~ , 1996 by B-Qbert 11. Trautman, as President of CRYSTAL
KEY AT WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION, INC., Q. Florida.
Corporation not for profit, for an on behalf of the corporation, and he
is personally known to me and produced his drivers license as
identification add did not take an oath.
Notary Public
My Commission Expires:
(Seal)
"',.-...."..,..,......"....,.I,)'...;~....:_~ ...
~rl Ioli;ND~ .~' R)MAl.D L. PLATr
j f'If',I~' MY ~198IOK I 00 m~07
~I~'j' :. W~:M",1", '991
l~~'!n. m.w'l'~I'INIIIIY",*~'
I
,
48
EXHIBIT "A"
LEGAL DESCRIPTION OF "THE PROPERTY"~
WI'l'IlIN 'rilE MAS'l'ER ASSOCIA'l'ION ,'.
OF WOOLBRIGII1' PI.J\CE
;. ;: ,~-;~I :t .~~C
?l~ a~.c~ =:.nti.
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~,,"t. ;.1... ,1...<:r-. '7c:o.:nty. rlorld.. t::.enc. ..on'1 ~:<I. I..: ; ~:\" ?t ~.Id :;eC~lon
':) :I:rt:' ,:~."'I~- :.I..l. " ~I.t..nce ,t :1:) ~S :~ct '.:> .n.. nl:1T '>,
:I tC I :;141 : Ie
il':..4.ll" ~r. .:<-:~::n .,. -,:...n~n'D l~ ';ou~:'\. ':.In'2e -4' Z...c.
;:;)r~::a. """''I .....c. p..r:~:'~I";L',' ~c2cr.b.d 'II' :c11""
.. \
."
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:~4" :~ :....t Ir:1I' ...hIC:' & :&dl&1 IIr.e b..r2 :'or'.n '''.5~' )t;. Z"at, :t.cnce
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:'n:~r.'... south..o.t.dy .Ion.. the a:C oC ) :;o.:C':~ ~o ~~e r~')nt n&"I;\') " :"dIU'
:: :. _~), _~ t.et. .ubt.ndln<J a central .n'lle ,C 'C' 24' )1., In ~re dllt.nCa ot
n' ... r....':.: o;n~nce SOllch 1'-2" :). ".,t. I dl.tanC. ,f \SJ 50 l..t :, &
:'Hn: ':It ~nter'~Ctlon vltn :he ta.t rl')ht'OC"~"1 ~in. ot the !.Ak. 1I0r:'h
:ra,n&q. Ol.trlc: t-4 Can.l a. de.e:lbed In ~t:~:ial Recor~' ~ook 214'. ~aq.
~ _, ':It ~~e ~ubl ic _.coed. of ~alm ...ch ::o..nt.,. flonda: t:<l.ne. Nor:h
::.~4...1' ""l.t ..Ion':l ..Id I.'C IUqht.of'''''!' :~ne, a dllCo&lIce o( ~012 1) C..t
::> I pOlnr oC Intor..Ct10n vlt:l the "'a.tar~'" ;:r:>)cctIOn ,t the South ~~". oC
'?&~A ~4.~h ~el.ur.Vlll. Section ).; tnene. alon1 .al:i .outh Iln. H'S'S.'~'
~..,:. a dl.tAn:~ oC 14'.J5 !e.t to the .o..tr....t ::>r".e ct Lot 4. Block l) ",t
~"'~ .p.l", B..cn L.etlue.v111. s.ctlOn l", O;:'cnce 1I0rth .a..~S'Sl- .".C, ·
::,.C&:>C. ",C <" JO teet to . point :n o;he. (a,t :,n. oC .. '0 t<JOC' '''lde r~'Jht.
'C......,. :or S." Ith Str..C lro......rly I<no,," a B.rcelon& w.r &. .no..n ':In 0;:<1.
?I_c. ~t .~ak. aoynton l.t.C.' ~lat I. a. rceor:ied lr. ~Iat aook IJ at ?aqe )2
.nd "[..alte Oo'(nt:3" [lItatea ,l.t. 1- .. r.cord..s In 'I&t DooJ( 1(. at ;'.9. ~7, oC
.ud p'.lbllc ReCor~e oC Pallfl a..ch co,mty: ClIenc. .lon9 .ald r;..t rl':lht .ot ....y
:In. ~orth C\'))'o," w~.t, . diat.nee oC 1'40 'I (e.t :'0 th. ~oech..eat ~orn.r
oC Lot I:. Olocl< :0 oC ..ld .1..&10. Iloynton 1:2tate. ~I&t I.. :r.enc. 14oe::I
".2'- :). [..t &Ion':l tha North l.Lna o( .ald Block 10 a di,tanee ",t 1'0.00
:e..t :0 che :4ort"....c corn.r ot L.ot 7 ':It ."ad alock lO; o;~enee South
OI'~)'J~. ~A'C, " dl.c&nce oC 110 00 Cc.o; ~':I thc Soucnwe,t c:>rn~r: or ..Id ~t
l~enC" l'or::<I 0,'1" I). t&.t. . diet.nce oC 50.00 :o:.t t:) :I".c $o..thc&.t
=:>'ncr or caad Lol " theace South '1.)J'~7. '..t, " dl.t."c.."'tll:~ :~ C..c.
1.1 1.11. H...I.I.II..e.t c:).'nee of L.ot (, Block :1 0: :he .tor......d .\....... 30ynton
I..t.te. Pla~ :'. :.nane. ~orth aa'l" 11- G&.t . dl>>c.ance oC 50'00 C..t to Cohe
14"11.11,,.::1. eoeller of ..ld Lot. " thence south OI.JJ'O" l&.t, a dl.tanee oC
110 00 (ot"l IU 11Ie: ~out",......t r.on..'I' nC "..Irl Lot ~: lhflnca "ol'th II.l"lj-
~,'t al:>n9 the 140rth Il"e ot tha South on..h.lr l~ 1/:1 or aLock. :1 dnd 11
'" ,..,rl .L.."" IInyntOn Il.c..t.. 1'1.t J., . di.tanc. oC 11SO,lS !..t to tna
~('\.eh..,.", ,..,n,., IIC Lot '. alll.:k 1\ uC ....1.1 .1."k. Buy"""" ("LAL". P1AL J.:
thence: lCor~h 'JI ).' ~,. we.t ;alo"" the "..t line ot alock. 2J. 11,\ .u.... \1, '...
dlll.nC' QC ) ~O,'O C..t to. the 1I0n:hveSC corne:r oC :.ot J. alocl( II .:IC t:<l.
aror...~d, .:'al<. Boynton r.t.ta. Pl.t 1-, & dl.tane. ot ~10 Ca.t t, t~e
I.ortn"..t' corne: oC lAC. 1. ,'HocK. 11 of .ald ....k. woyneon ...t.te. ..: at I',
,aId corner al.o b.ln? the b<<1lnnin9 oC . non.t&n9.nt curv. h&vln9 · radlu~
ot 1'0 )I t.et, rr()lft whlch a r.dlai Iii'. be.CI \forth OI.H.l" We,t: chence
"orthea.t.rly, .Ion') the "re of ..1d curv. .nd .Ion') the :'orth Iln. of.-,ald
l.ot l. .ubt.ndlnq a c.ntr&1 an'll. oC Ol.11' )2', a di,:.nec oC SO.14 reet to
:~~ Horth.alt corner oC .&Ld Lot'): thenc.. Horch 'Jl'j4'l~. ,,~,t. a dlo~tanec
oC :., 11 C..t to the SO\Ithca.C corner ot :..at ): Dloclr. 11.\ oC ,.id .:..ake
lIo,,"ton r.(ac.. Plat 1-; thence South ".1"'1). "c.:, & <iL.,ance oC SO 00
-!.~t t? t~c South~e't corner oC :I.id L.ot l. :.~ence florth ::'H' :'- "c.t "long
:_.. .....t line oC .ald Lot. ): . dL.t.nce ",C ~IO 00 :cc: t:> ::0:.. tlorth..e.t
o;~:r..r :>C ..i~ l.ot 1. ..Id eornar .1'0 celn? :~. ~.9~nn~n? oc. · non.:.nqene
~.,"'I" h."''''1 a ,..diU. or )'J.,1 t.et. l rOM ...hl::<I a ~Idl.~ : ~~c ~e&C' "ort"
~~. )4' :~. We:lt, :I".nce .Ion9 the .re oC I.l:! C'I"':~ &nd .lona ',:t" Ilor:h lln.
-:1 ~.:It. I. 1 ..nd ) oC ...101 alock II.... ."br..ndlr,') .. -:;ntr.' .n~l. ot
;S'~l .;.... a dlltance: oC IS4,') t..c :0 the :lorthe&1t c:>rner ?r ..Id :.ot I
and o;~e W~,t lIne ,t Seabo.ord Co.et Line ~.I~ro&d r,ah:"C,""v I' .no..n :n
.nJ:>ro:,:ord..1 r~'lht.oC...ay .....pl thene. .10n9 '.:te ~..c' boun':.I'" II:tee 01. .&Id
'~.Ae aoyntCn tIt.'.' Plat I- and .l."k. 1I0y:>tOn fot.t.' P:"t :- ,r.d ::te .ald
......t :1'.Int'oC .....y ,Ine ol th. Se.board C:>&.c Line 'Ud:Cld Sou:n ),.:~.~,.
;:.e:. . di.t.,nee: ?t ~4'l 701 C..t to t". South...t -;:?rncr :C ::\.. ~or:n.a.t
:>:>c.<f".rter '14t 1/,1 or ..ld Section ,,: '.:",nce o::nt~n..I"'J 1::r.1 ~:-'oe ..ld
.".t ~~:>e :)l '~"ke Roy~tOn letate. plaC 1. &nd t~. 1..t LI~e oC '.I~ ;"'::Ion
a and the "Aid ''''ut r1'Jht.oC....y Iln. Soutn ':1.)4' :,. r.,t ,,:jlStAn<:e 'oC
~l:: .J :eet ::> :hc point oC ~lnnln,
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S..tJ7.ct :0 r..."....nt. llc.trictlon,. CovenAnt' I:ld R1<Jhts,')CoIl&y, oC :..o;or:1
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EXHIBIT "B"
,
LEGAL DESCRIPTION OF THE PROPERTY :
WITHIN THIS DECLARATION OF COVENANTSl
~ND RESTRICTIONS FOR CRYSTAL KEY
. AT WOOLBRIGHT PLACE
A portion of Tracts "A" and "e", together with a portion of Southwest 8th Street,
WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as recorded in
Plat Book 67, Pages 47 through 49, Public Records of Palm Beach County,
Florida, being more particularly described as follows:
Begin at the Northwest corner of said Tract C; thence North 88026'1311 East for
214.51 feet; thence South 01033'09" East for 120.00 feet; thence North
88026'13" East for 50,00 feet; thence South 01033'09" East for 170,00 feet;
thence North 88026'13" East for 50.00 feet; thence South 01033'0911 East for
120.00 feet; thence North 88026'13" East for 830.75 feet, the last seven
mentioned courses being coincident with a portion of the North line of Tract
C; thence South 01034'16" East for 590.00 feet; thence South 88026'13" West
for 85.00 feet; thence South 48011 'SO" West for 85.14 feet; thence South
01034'16" East for 95.00 feet; thence South 88026'13" West for 56~.43 feet to
the West line of Said Tract C; thence North 01006'23" West of th,B. West line of
said Tract C for 178,85 feet to a Point of Tangency; thence Northwesterly along
a circular curve to the left, having a radius of 751.00 feet, a central angle of
16050'30" for an arc distance of 220.75 feet; thence North 61012'37" West for
a ctistance of 16.19 feet to a point on a ourve, said point having a radIal'
bearing of South 71008'22" West to the radius point of the next described
curve; thence continue Northwesterly along a circular curve to the left, having
a radius of 740.00 feet, a central angle or 11Cl45'51'I, for an arc distance of
151.94 feet to a Point of Tangency; thence North 30037'29" West for 627.85 'feet
to a point of curvature; thence Northwesterly along a circular curve to the right,
having a radius of 410.00 feet, a central angle of 08045'46", for an arc distance
of 62.70 feet to the Point of Beginning, the last three mentioned courses being
coincident In part with the Westerly line of said Tract C and containing 14.051
acres more or less.
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ARTICLES OF INCORPORATION
OF
RY' TAL KEY AT W
(A corporation not for profit)
The undersigned hereby executes these Articles of Incorporation for
uhe purpose of forming a corporation not for profit under Chapter
617 (1990) of the Florida Statues (the "Florida Not For Profit
Corporation Act")' and certifies as follows:
..i
,
I I
ARTICLE I
NAME
The name of the corporation shall be CRYSTAL KEY AT WOOLBRIGHT
PLACE HOMEOWNER'S ASSOCIATION, INC., hereinafter referred to as the
"ASSociation" and its duration shall be perpetual.
. "
ARTICLE II.
PURPOSE
The purpose for which the Association is organized is to engage a
non-profit organization in protecting the value of the property of
the Members'df the Association, to exercise all the powers and
privileges and to perform all of the duties and obligations of the
Association as defined and set forth in that certain Dyclaration of
Covenants and Restrictions for CRYSTAL KEY AT WOOLBRIGHT PLACE, as
it may-be amended from time to time (the "Declaration") to be
recorded in the office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, including the establishment and
enforcement of payment of charges and Assessments contained therein
and to engage in such other lawful activities as may be to the
mutual benefit1of: the Members and their property. All terms used
herein which are defined in the Declaration shall have the same
meaning herein 'as therein.
~RTICLE III
POWERS.
The powers of the Association shall include and be governed by
the following provisions:
Section 1. Common Law and Statutorv powers. The
Association shall have all of the common law and statutory powers
of a corporation not-for-profit which are not in conflict with the
terms of these Articles and the Declaration.
Section 2. Necessary powers. The Association shall have
all of the powers reasonably necessary to implement its p~rpose,
includinq, but not limited to, the following:
A. To operate and manage the Common property In accordance
with the purpose and intent contained in the Declaration;
B. To make and collect Assessments against Members to defray
the Common Expenses;
Assessments in the exercise of its
C.
To use~ the proceecrs of
powef~ and duties;
,
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To mtUntain, repair,
Property, and the Lake
replace and operate the Common
Easements, if any.
D.
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To reconstruct Improvements upon the property after
casualty and to further improve the property;
F. To make and amend the By-Laws for the Association and
regulations respecting the use of the prop~rty;
G. To pay all taxes and other ass~ssments which are liens
against the Common property;
I.
To enforce by legal means the provisions of the
Declaration, these Articles, the By-Laws, the rules and
regulations and the Traffic Regulations for the use of
the p,roperty;
~o establish and maintain such reserve funds, a~~may be
required from time to time by the Board of Direc~o~s, in
accordance with the provisions of the Declaration.
..
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J. To bring suit and to litigate on behalf of the
Association, the Members and the Owners; provided,
however, that except as specifically set forth in this
paragraph J, the Association shall not have the power to
bring suit or to litigate on behalf of the Association,
the Members or the Owners without the express prior
written consent of at least eighty percent (80%) of the
Owners. The foregoing restriction shall not apply to
suits or litigation brought on behalf of th'e Association
to collect assessments, enforce liens, bring injunctive
action or to otherwise enforce these Articles of
Incorporation, the By-Laws, the Declaration, the rules
a~.regulations or the Traffic Regulations promulgated by
the Association nor shall this restriction,apply to the
Association's defense of any suits or litigation brought
against the Association. The foregoing I restrictions
shall not apply while Developer is in control of the
Association;
K. To provide for management and maintenance and to
autho~~ze a management agent to assist the Association in
carry'~n!g out its powers and duties by performing such
functions as the collection of Assessments, preparation
of records,enforcement of rules and Traffic Regulations
and maintenance of the Common Property. The A~sociation
shall, however, retain at all times the powers and the
duties granted it by common law, Florida Statutes and
local, ordinances including, but not limited to, the
making of Assessments, the promulgation of rules and the
execution of contracts on behalf of the Association.
L. To possess, enjoy and exercise all powers necessary to
implement, enforce and carry into effect the powers above
described, including the power to acquire, hold, convey
and deal in real and personal property.
Section 3. Funds and Title to properties. All funds and
title to all properties acquired by the Association and the
proceeds thereof shall be held only for the benefit of the Members
in accor~ance with the provisions of the Declaration. No part of
the income, if any, of the Association shall be distributed, to the
Members or officers of the Association.
Section 4. Limitation. The powers of the Association
shall be subject to and be exercised in accordance with the
provisions of the Declaration.
.....ARTICLE IV
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Qualifica~ion for, and admission to, membership in the
. '
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MEMBERSHIP
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A~spciation shall be regulated'py the Declaration and the By-Laws
of the Association.
ARTICLE v..
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of
Directors consisting of not less than three (3) nor more than nine
(9) directors. Until such time as' Developer relinquishes control
of the Association, as described in the Declaration, Developer
shall have the right to appoint all members of the Board of
Directors and to approve the appointment of all officers of the
Association and' no action of the membership of the Assof=iation
shall be effective unless, and until, approved by the Dev~loper.
F,y~ther, 'until turnover of control by Developer, as afore~aid, no
director or officer need be a Member of the Association;
thereafter, all directors and officers must be Members of the
Association except such directors that are appointed by the
Developer, as provided herein. The number of directors
constituting the initial Board is three (3) and they shall serve
until such time as Developer relinquishes control of the
Association or until replaced by Developer. commencing with the
fiX'~t annual meeting of Members following the date on which
Developer relinquishes control of the Association, the directors
shall be elected by the Members of the Association at the annual
meeting. The Developer shall be entitled at any time, and from
time to time, to remove or replace any director originally
appointed by the Developer. The Developer may waive or relinquish
in whole or in part any of its rights to appoint anyone or more of
the directors it is entitled to appoint. The following persons
shall constitute the initial Board of Directors:
Address
Name
600 West Hillsboro Boulevard
~u;te 1~1
e rfie d Beach. Flor1da 33441
Bobart oJ. Trautman
1'imothv R.
Ronald L.
Kelly'
~ i
Platt,
Same as above
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Same as above
ARTICLE VI
pFFICERS
Officers shall be elected by the Board of Directors at the
annual meetings of the Directors, as provided in the By-Laws'.
until such time as Developer relinquishes control of the
Association, as provided in the Declaration, Developer shall have
the right to approve all of the officers elected. The initial
officers shall consist of a president, Vice president, Secretary,
Treasurer and Representative to Master Association. The following
persons shall serve as the initial officers:
Name
~
Title
president
.':; .:;~'.,'~',.~,~j~::lll' ; ~i~lJ
Robert J. Trautman
Vice-president
ximothv R. Kellv
Bonald L. platt
Timothv R. Kelly
Robert J. Tra~~man
" ,
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Secretary
Treasurer
Representative to
Master Association
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ARTICLE VII
INDEMNIFICATION OF OFFICERS. DIRECTORS
~ND COMMITTEE MEMBER& '
,
Every Director, Officer and Committee Me~ber of the
Association shall be indemnified by the A~sociation as provided in
the Declaration.
! I
ARTICLE VIII.
BY-LAWS
.' , 'The By-Laws of the Association may be adopted, amended,
9~t'ered or rescinded as provided therein: provided, howevlir, that
at j no time shall the By-Laws conflict with these ArtH::'les of
Incorporation or the Declaration. Until such time as Developer
relinquishes control of the Association, no amendments to the By-
Laws shall be effective unless Developer shall have joined in and
consented thereto in writing. Any attempt to amend, alter or
rescind contrary to these prohibitions' shall be of no force or
effect.
ARTICLE IX
AMENDMENTS
These Articles of Incorporation of the Association may be
amended, altered or rescinded as provided in the Florida Not For
profit Corporation Act, provided however, that no such amendments
shall conflict with the terms of the Declaration, or adversely
affect the rights of Developer, without Developer'slprior written
approval. Any attempt to amend, alter or rescind contrary to these
prohibrtions shall be of no force or effect.
The name tif the initial registered agent shall be ,Robert J.
Trautman and the street address of the registered office of the
Association shall be 600 West Hillsboro Boulevard uite 1 1
Deerfield Beach, Florida 33441. The Association shall have the
right to designate subsequent registered agents without amending
I these Articles of Incorporation. The corporate address shall be
the same.
ARTICLE X
REGISTERED AGENT AND REGISTERED OFFICE
IN WITNESS WHEREOF, the incorporator has executed these
Articles ~f Incorporation at Broward County, Florida, the d1~~
day 0 f -1L1c.e4't (,,1...- , 1996.
SEAL) "
WITNESS:
COUNTY OF BROW~RD
)
,. ) ss.
.... }
STATE OF FLORIDA
,.;
The foreq6.ing~Articles
before me this t~t ;;'1'" day of
OfoInCqrporation were acknowledged
_eceMl7~(t.. , 1996 by Robert J.
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~rautman the incorporator named ,therein who is personally know to
me or who produced a Drivers License as identification and who did
not take an oath.
(NOTARY SEAL)
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ary Public
e of Florida at Large
Commission Expires:
I ' ' Having been named to accept service of process for t~~ above
rla'.m~d corporation at the place designated in these ArtH:les of
Incorporation, I hereby agree to act in this capacity and agree to
comply with the provisions of Chapter 48.091, Florida Statutes,
relative to keeping said office open for serv'ce of process.
(II r:2 ~
obert . T autman
Regist ed Agent
ACCEPTANCE BY REGISTERED AGENT
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BY-LAWS
OF
CRYSTAL KEY AT WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION, INC.
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A Not-for-Profit Corporation Under
the Laws of the State of Florida
ARTICLE I
IDENTIFY
Section 1. The name of this corporation is CRYSTAL KEY AT
WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION, INC., hereinafter
referred to as the "Corporation" or "Association".
Se~~ion 2. The initial principal office of the Corporation is QQQ
West Hillsboro Boulevard. Suite 101. Deerfield Beach. Florida
33441.
Section 3. The seal of the Association shall bear the name of the
Association, the word "Florida", the words "Corporation Not-for-
Profit" and the year of incorporation, an impression of which is as
follows:
Section 4. All terms used herein which are defined in that certain
Declaration of Covenants and Restrictions for CRYSTAL KEY AT
WOOLBRIGHT PLACE, as it may be amended from time to time (the
"Declaration", shall have the same meaning herein as therein.
ARTICLE II
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PURPOSES
The Association is organized to serve as the instrumentality of
Owners in the Property for the purpose of controlling and
regulating use of the amenities therein; of promoting, assisting
and providing adequate and proper maintenance of the Property for
the benefit of all Owners therein; the maintenance of the land and
facilities; to exercise all powers and discharge all
responsibilities granted to it as a corporation under the laws of
the State of Florida, its Articles of Incorporation, these By-Laws
and the Declaration; to acquire, hold, convey and otherwise deal
with real and/or personal property in the Association's capacity as
a homeowners association and to otherwise engage in such additional
lawful activities for the benefit, use, convenience and enjoYment
of its Members as it may deem proper.
ARTICLE III
DIRECTORS AND OFFICERS
Section 1. Directors
A. The affairs of the Association shall be managed by a
Board of Directors which shall consist of not less than three (3),
nor more than nine (9) members. The initial Board shall consist of
the individuals named in ....the Articles of Incorporation of the
Association, who shall serve until the earlier of the following
events: The 'f~rnover Meeting, replacement by the Developer or
resignation by.the board member.
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, B. At the Turnover Meeting and at each annual meeting
thereafter, the Board of Directors shall be elected by the Members
of the Association.
C. Directors shall be elected as follows: Prior to each
qnnual meeting, the Board of Directors shall appoint a Nominating
Committee consisting of three (3) Members, using such procedures as
the Board may establish. The Nominating Committee shall nominate
one person for each vacancy to be filled at that annual meeting and
each Board member shall be provided with a list of the nominations
at least one (1) day prior to the annual meeting. Other
rtominations may be made from the floor. The election shall be by
written ballot .(unless dispensed with by unanimous consent) and by
a plurality of the votes cast, each person voting being entitled
to' cast his votes for each of as many nominees as there are
~apancies .to be filled.
D. There shall be no cumulative voting.
E. The organizational meeting of the newly elected Board of
Directors shall be held within ten (10) days of their election at
such place and time as shall be fixed by the directors at the
meeting at which they were elected and no further notice of the
organizational meeting shall be necessary.
F. No director shall receive or be entitled to any
compensation for his services as director, but shall be entitled to
reimbursement for all expenses incurred by him as such, if incurred
upon the authorization of the Board.
G. Until such time as Developer relinquishes control of the
Association, . no director or officer need be a Member of the
Association. Thereafter, all directors and officers must be
Members of the Association. No officer or director appointed by
the Developer can be removed except by the Developer.
Section 2, Officers. The executive officers of the Association
shall be: President, Vice-president/Treasurer, Secretary,
Representative to the Master Association and such other officers as
the Board of Directors may appoint. The officers named in the
Articles of Incbrporation shall serve until replaced by Developer,
until their resignation or until the first regular meeting of the
Board of Direct6rs, whichever shall occur first. Officers elected
at the first meeting of the Board shall hold office until the next
annual meeting of the directors or until their successors shall
have been appointed and shall qualify. So long as Developer
retains the right of appointment of all members of the Board of
Directors, no officer appointed by the Board shall serve the
Association until such time as Developer approves the appointment.
Upon the appointment of an officer by the Board of Directors,
whether the appointment occurs at the annual meeting or otherwise,
the Board shall forthwith submit the name of such newly appointed
office or officer, as the case my be, in writing to Developer.
Developer shall approve or disapprove said officer or officers,
within thirty (30) days after receipt of said name or names, In
the event Developer fails to act within such time period, such
failure shall be deemed approval by Developer.
Section 3. Resignation. Vacancy. Removal.
A. Resignation: Any director or officer of the Association
may res~gn at any time, by instrument in writing. Resignations
shall take effect at the time specified therein and if no time is
specified, resignations shall take effect at the time of receipt by
the President or Secretary of th~ Association. The acceptance of
a resignation shall not be necessary to make it effective.
B. Director Vacancy: When a vacancy occurs on the Board of
Directors, the~vacancy shall be filled by Developer until such time
as Developer relinquishes control of the Association. Subsequent
to the Turnover Meeting, a vacancy occurring on the Board of
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Directors shall be filled by the remaining members of the Board at
their next meeting by the remaining members of the Board at their
next meeting by electing a person who shall serve until the next
annual meeting of Members. The Developer shall be entitled at any
time, and from time to time, to remove or replace any director
Qr~ginally appointed by the Developer. The Developer may waive or
relinquish, in whole or in part, any of its right to appoint any
one or more of the directors it is entitled to appoint.
C. Officer Vacancy: When a vacancy occurs in an office for
any reason before an officer's term has expired, the office shall
De' filled by the Board of Directors at its next meeting by electing
a person to se~ve for the unexpired term or until a successor has
been elected by the board of directors and shall qualify. So long
as' Developer has or retains the right of appointment of all members
d~ the B6ard of Directors, no officer appointed hereunde~ shall
serve the Association until such time as Developer has approved the
appointment, in accordance with the procedures set forth
hereinabove.
D. Status of Developer: The Developer shall be deemed to
be a Member of the Association from and after the date of the
recordation of the Declaration in the public records of the County.
E. Removal: Any officer may be removed with or without
cause by a majority vote of the full Board of Directors at a
meeting of Directors called at least in part for the purpose of
considering such removal. Any officer or director may be removed
with or without cause and, for any reason, upon a petition in
writing by a majority of the Members of the Association approved at
a meeting o~ Members called at least in part for this purpose, by
a two-thirds (2/3) vote of the membership; provided, however, that
removal by a vote of the membership shall not apply so long as
Developer has the right to appoint all members of the Board of
Directors. The petition calling for the removal of such officer or
director shall set forth a time and place for the meeting of
Members and notice shall be given to all Members of such meeting in
the manner provided in these By-Laws for the giving of notices of
special meetings. At any such meeting, the officer or director
whose removal is sought shall be given the opportunity to be heard.
In addition, dJting the period of time during which Developer has
or retains the ~ight of appointment of all members of the Board of
Directors, any officer or member of the Board of Directors may be
removed with or without cause by Developer at its discretion.
Section 4. Indemnification of Directors, Officers and Committee
Members
Every Director, Officer and Committee Member of the
Association shall be indemnified by the Association against
liability and expenses which he may incur by reason of his being or
having been a Director, Officer or Committee Member of the
Association in accordance with the terms of the Articles of
Incorporation of the Association (hereinafter referred to as the
"Articles of Incorporation") and the Declaration.
ARTICLE IV
POWERS AND DUTIES OF THE ASSOCIATION AND THE EXERCISE THEREOF
The Association shall have all powers granted to it by common
law, Florida Statutes, the Declaration, the Articles of
Incorporation and these By-Laws, all of which shall be exercised by
its Board of Directors unless the exercise thereof is otherwise
restricted in the Declaration, these By-Laws or by law; the powers
of the Association shall,...include, but not be limited to, the
, following:
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I 1. All of the powers' specifically provided for in the
Declaration and in the Articles of Incorporation.
2. The power to levy and collect Assessments against Lots,
as provided for in the Declaration.
3. The power to expend monies collected for the purpose of
paying the Common Expenses of the Association.
4. The power to purchase equipment, supplies and material
required for the maintenance, repair, replacement, operation and
management of the Common Property and that portion of the Lots
outside the Units.
5. The power to insure and keep insured the Buildings and
~mprovements of the Association and other Improvements wi~hin the
Property, as provided in the Declaration.
6. The power to employ the personnel required for the
operation of the Association and the Common Property and that
portion of the Lots outside the Units.
7. The power to pay utility bills for utilities serving the
COl1\{l\on Property.
8. The power to contract for the management of the
Association and to delegate to its contractor as manager, all of
the powers and duties of the Association, except those matters
which must be approved by Members.
9. ~he power to make reasonable rules and regulations and
Traffic Regulations and to amend them from time to time.
10. The power to improve the Common Property, subject to the
limitations of the Declaration.
11. The power to enforce by any legal means the provisions
of the Articles of Incorporation, the By-Laws, the Declaration and
the rules and regulations and Traffic Regulations promulgated by
the Association.
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12. The .power to collect delinquent Assessments by suit or
otherwise and to abate nuisances and enjoin or seek damages from
Owners for violation of the provisions of the Declaration, the
Articles of Incorporation, these By-Laws, the rules and regulations
or the Traffi~,Regulations.
13. The power to pay all taxes and assessments which are
liens against the Common Property.
14. The power to control and regulate the use of the Common
Property by the Owners and to promote and assist adequate and
proper maintenance of that property.
15. The power to borrow money and the power to select
depositories for the Association's funds and to determine the
manner of receiving, depositing and disbursing those funds and the
form of check and the person or persons by whom the same shall be
signed, when not signed as otherwise provided by these By-Laws.
16. The power to acquire real and personal property for the
benefit'and use of its Members and to dispose of the Property in
accordance with the Declaration and the Articles of Incorporation.
17. The power to enter into a long term contract with any
person, firm, corporation or real estate management or maintenance
agent of any nature or k)..nd, to provide for the maintenance,
operation, repair and upkeep of the Common Property, the Lake
Easements, and~ ~of any facilities on lease to the Association or
otherwise prov.i.ded for the Member's usage. The contract may
provide that t~~ total operation of the managing agent, firm or
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cOFPoration shall be at the cost of the Association as a Common
Expense. The contract may further provide that the managing agent
shall be paid from time to time a reasonable fee either stated as
a fixed fee or as a percentage of the total costs of maintenance,
operation, repair and upkeep or of the total funds of the
~ssociation handled and managed by the managing or maintenance
agent. Such fee, if any, shall be another of the management
function costs to be borne by the Association, as a Common Expense,
unless the contract provides to the contrary.
18. The power to establish additional officers and/or
directors of this Association and to appoint all officers, except
as otherwise p~ovided herein.
19. The power to appoint such committees as the Board of
Qirectors may deem appropriate.
20. The power to establish such reserve funds as may be
required from time to time by the Board of Directors, in accordance
with the provisions of the Declaration.
21. The power to deal with the Master Association on all
matters which affect the Property, the Members, the Owners, or the
Association.
22. The power to bring suit and to litigate on behalf of the
Association, the Members and the Owners' provided,' however, that
except as specifically set forth in this paragraph 22, the
Association shall not have the power to bring suit or to litigate
on behalf of the Association, the Members or the Owners without the
express prior written consent of at least eighty (80%) of the
Owners. The'foregoing restrictions shall not apply to suits or
litigation on behalf of the Association to collect Assessments,
enforce liens, bring injunctive actions or to otherwise enforce the
Articles of Incorporation, the By-Laws, the Declaration, the rules
and regulations or the Traffic Regulations promulgated by the
Association, nor shall these restrictions apply to the
Association's defense of any suits or litigation brought against
the Association. The foregoing restrictions shall not apply while
the Developer is in control of the Association.
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23. The power to appoint an individual to represent the
Association on the board of directors of the Master Association and
to replace such individual.
24. The power to possess, employ and exercise all powers
necessary to implement, enforce and carry into effect the powers
above described, including the power to acquire, hold, convey and
deal in real and personal property.
ARTICLE V
DUTIES OF OFFICER
Section 1. President. The President shall be the chief executive
officer of the Association and shall:
A. Act as presiding officer at all meetings of Members of
the Association and of the Board of Directors.
B. Call special meetings of the Board of Directors.
C. Sign, with the Secretary or Treasurer as the Board of
Directors so requires, all checks, contracts, promissory notes,
leases, deeds and other instruments on behalf of the Association,
except those which the Board of Directors specifies may be signed
by othe~ persons.
D. Perf0rm all acts and duties usually required of a chief
executive to insure that all orders and resolutions of the Board of
Directors are ddrried out.
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E. Act as ex-officio member of all committees and render an
~nnual report at the annual meeting of Members.
Section 2. Vice President. The Vice President, in the absence or
disability of the President, shall exercise the powers and perform
the duties of the President. The Vice President also shall assist
the President generally and exercise such other powers and perform
such other duties as shall be prescribed by the Directors.
Section 3. Secretary. The Secretary shall have the following
duties and responsibilities:
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A. Attend all regular and special meetings of the Members
of the Association and of the Board of Directors and keep all
records and minutes or proceedings thereof or cause the same to be
~one.
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B. Have custody of the corporate seal and affix the same
when necessary or required.
C. Attend to all correspondence on behalf of the Board of
Directors, prepare and serve notice of meetings, keep membership
books and receive all applications for membership,
D. Perform such other duties as the Board of Directors may
determine and on all occasions in the execution of his duties, act
under the superintendence, control and direction of the Board of
Directors.
E. Have custody of the minute book of the meetings of the
Board of Directors and Members and act as transfer agent of the
corporate bdo'ks.
Section 4. Treasurer. The Treasurer shall:
A. Attend all meetings of the membership and of the Board
of Directors.
B. Receive such monies as shall be paid into his hands for
the account of the Association and disburse funds as may be ordered
by the Board 'of Directors, taking proper vouchers for such
disbursements and be custodian of all securities, contracts, leases
and other important documents of the Association which he shall
keep safely deposited."
C. Supervise the keeping of accounts of all financial
transactions 'of the Association in books belonging to the
Association and deliver such books to his successor. He shall
prepare and distribute to all of the members of the Board of
Directors prior to each annual meeting and whenever else required,
a summary of the financial transactions and condition of the
Association from the preceding year. He shall make a full and
accurate report on matters and business pertaining to his office to
the Members at the annual meeting and make all reports required by
law. He shall prepare the annual budget and present it to the
Board of Directors for its consideration.
D. The Treasurer may have the assistance of an accountant
or auditor, who shall be employed by the Association as a Common
Expense. In the event the Association enters into a management
agreement, it shall be proper to delegate such of the Treasurer's
functions to the management agent as is deemed appropriate by the
Board of Directors.
Section 5. Vice President/Treasurer. The Vice President /Treasurer
shall:
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A. Be permitted as one person/officer to conduct the
aforesaid duti~~ and responsibilities of both offices.
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qection 6. Representative to Master Association.
Representative to the Master Association shall:
The
A. Attend all meetings of the membership and of the Board
of Directors.
B. Represent the Association on the board of directors of
the Master Association and exercise the votes of the Association in
the Master Association pursuant to the Master Declaration and the
by-laws of the Master Association. Such representation and
exercise of votes shall be as expressly directed by the Board of
Di~ectors of the Association.
ARTICLE VI
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MEMBERSHIP AND VOTING
Section 1. Oualification for Membership. The qualifications for
membership and the manner of admission to membership, and
termination of such membership, shall be as follows: A person or
entity shall automatically become a Member of the Association upon
acquisition of fee simple title to any Lot, by filing a deed
th~!efore in the public records of Palm Beach County, Florida.
Membership shall continue until such time as the Member transfers
or conveys his interest of record or the interest is transferred or
conveyed by operation of law, at which time membership, with
respect to the Lot conveyed, shall automatically be conferred upon
the transferee. Membership shall be appurtenant to any may not be
separated from, ownership of property subject to the Declaration.
No persono'r' entity holding an interest of any type or nature
whatsoever in a Lot only as security for the performance of an
obligation shall be a member of the Association. Developer, by
including additional property within the imposition of the
Declaration, may cause additional membership in the Association and
may designate the ownership basis for such additional membership.
The Developer shall be a Member of the Association from and after
the date of recordation of the Declaration, which membership shall
continue so long as Developer owns any Lot(s) within the Property.
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Section 2. Voting. The Association shall have one (1) class of
voting membership. Each Member, including Developer shall be
entitled to one vote for each Lot in which they hold interest
required for membership. Votes may be exercised or cast by a
Member in person or by proxy. Proxies may be filed with the
Secretary of the Association prior to the meeting. A proxy shall
be valid and entitle the holder thereof to vote until the Secretary
shall have received a written revocation of such proxy executed by
the grantor of such proxy or until the death or legal incompetence
of the grantor. When more than one (1) person holds such interest
or interests in any Lot, all such persons shall be Members and the
vote for such Lot shall be exercised as they among themselves
shall determine but in no event shall more than one (1) vote be
cast with respect to any such Lot. With respect to each Lot owned
by other than a natural person or persons or with respect to each
Lot owned by more than one person, the Owner (s) shall file with
the Secretary of the Association a notice designating the name of
an individual who shall be authorized to cast the vote of such
Owner(s). In the absence of such designation, the Owner(s) shall
not be entitled to vote on any matters coming before the
membership, nor shall the presence of such Owner(s) at a meeting be
considered in determining whether the quorum requirement has been
met. If a Lot shall be owned by husband and wife as tenants by the
entirety, no certificate need be filed with the Secretary naming
the person authorized to cast votes for said Lot and either spouse,
but not both, may vote in ,p~rson or by proxy and be considered in
determining whe~ther the quorum requirement has been met at any
meeting of the ~embers, unless prior to such meeting, either spouse
has notified th~ Secretary in writing that there is a disagreement
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as to who shall represent the LD~ at the meeting, in which case the
certificate requirements set forth above shall apply.
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ARTICLE VII
MEETINGS
Section 1. Meetings of Members.
A. Place of Meetings: All meetings of the Association
shall be held at the office of the Association or may be held at
such time and place as shall be stated in the notice thereof.
B. Annual Meetings: Annual Members' meetings shall be held
upon such date as shall be selected by the Board of Directors, in
it's discretion, in each calendar year subsequent to relinquishment
of control of the Association by Developer. No meeting shall be
held on a legal holiday. The meeting shall be held at such time as
the Directors shall appoint from time to time. The purpose of such
meeting shall be the election of Directors and the transaction of
other business authorized to be transacted by Members. The order
of business shall be as determined by the Board of Directors.
C. Special Meetings: Special meetings shall be held
whenever called by the President or by a majority of the Board of
Directors and must be called by the Secretary, upon receipt of a
written request from Members of the Association holding a majority
of the total votes of the membership. Business transacted at all
special meetings shall be confined to the objects and actions to be
taken as stated in the notice of the meeting.
D. Quorum: A quorum for the transaction of business at the
annual meeting or any special meeting shall consist of a majority
of the total votes of the membership, being present either in
person or by proxy, but the Members present at any meeting although
less than a quorum, may adjourn the meeting to a future date.
E. Voting Required to Make Decisions: When a quorum is
present at any meeting, the vote of a majority of the Member's
votes present li:n person or by proxy shall decide any question
brought before the meeting, unless the Declaration, the Articles of
Incorporation, 'these By-Laws or any applicable statute provides
otherwise.
Section 2. Directors' Meetings.
A. Annual Meeting: The annual meeting of the Board of
Directors shall be held immediately following the adjournment of
the annual meeting of Members. The Board of Directors may
establish a schedule of regular meetings to be held at such place
as the directors may designate. Regular meetings may be held
without notice.
B. Special Meetings: Special meetings of the Board of
Directors may be called by the President, upon notice to each
Director to be delivered by telephone, mail or in person. Special
meetings may also be called on written request of two (2)
directors. All notices of special meetings shall state the
purpose, time and place of the meeting.
c. Quorum: At all meetings of the Board of Directors, a
majority of the Directors shall constitute a quorum for the
transaction of business and the acts of a majority of the Directors
present at such meeting at which a quorum is present, shall be the
acts of the Board of Directors except where approval by a greater
number is required by. the Declaration, the Articles of
Incorporation o~ these By~Laws. At any meeting at which a quorum
is not present, ,the presiding officer may adjourn the meeting from
time to time an~ at any such adjourned meeting, any business which
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might have been transacted at the meeting as originally called, may
be' transacted without further notice.
D. Joinder: The joinder of a Director in the action of a
meeting by signing and concurring in the minutes of that meeting
shall constitute the presence of such Director for the purpose of
determining a quorum.
E. Written Action: Any action required to be taken at a
meeting of the Directors may be taken without a meeting if a
consent in writing setting forth the action so to be taken, signed
by, all of the Directors, is filed in the minutes of the proceedings
of the Boards. Such consent shall have the same effect as a
unanimous vote: '
F.' Presiding Officer: In the absence of the presiding
officer, the Director present shall designate one of their number
to preside.
G. Telephone Meeting: Any regular or special meeting of
the Board of Directors may be held by telephone conference, at
which each participating member can hear and be heard by all other
participating members.
H. Order of Business: The order of business at Directors'
meetings shall be as determined by the Board of Directors.
ARTICLE VIII
NOTICE OF MEMBERS' MEETINGS
Section 1. Annual Meeting. Written notice of the annual meeting of
Members shall be served upon or mailed to each Member entitled to
notice, at least ten (10) days, and no more than sixty (60) days,
prior to the meeting. Such notice shall be hand delivered or
mailed to each Member at its address as it appears on the books of
the Associations. Proof of such mailing may be given by the
affidavit of the person giving the notice.
Section 2. Sped.i!al Meeting. Written notice of a special meeting of
Members stating the time, place and object of such meeting shall be
served upon or 'mailed to each Member at least two (2) days and no
more than sixty (60) days, prior to such meeting.
Section 3. Waiver. Nothing herein is to be construed to prevent
Members from' waiving notice of meetings or acting by written
agreement without meetings.
ARTICLE IX
PROCEDURE
Robert's Rules of Order (latest edition) shall govern the conduct
of corporate proceedings when not in conflict with the Articles of
Incorporation and By-Laws of the Association or with the Statutes
of the State of Florida.
ARTICLE X
ASSESSMENTS AND MANNER OF COLLECTION
The Board of Directors shall have the power to levy and enforce
Assessments against Lots and Owners, as set forth in the
Declaration.
ARTICLE XI
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FISCAL MANAGEMENT
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Se~tion 1. Fiscal Year, The fiscal year of the Association shall
be the calendar year; provided, however, that the Board of
Directors is authorized to change to a different fiscal year at
such time as the Board deems it advisable.
Section 2. Depositories, The funds of the Association shall be
deposited in such accounts as may be selected by the Board of
Directors, including checking and savings accounts in one (1) or
more banks and/or savings and loan associations, with an investment
firm or firms, all in accordance with resolutions approved by the
Board of Directors. Association funds shall be withdrawn only over
the signature of the President or such other persons as the Board
may authorize. The Board may require more than one (1) signature
on checks and 'bank drafts. The funds shall be used only for
corporate purposes.
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Section 3. Reserve Accounts. The Association shall establish and
maintain such reserve accounts as shall be required from time to
time by the Board of Directors, in accordance with the provisions
of the Declaration. Payments to the reserve account and other
incidental expenses incurred by the Association administering and
carrying out any of the provisions of this Section 3 shall be a
Common Expense.
Section 4. Fidelity Bonds. Fidelity bonds may be required by the
Board of Directors from all officers and emp~oyees of the
Association and from any contractor, director or officer handling
or responsible for Association funds. The premiums for such bonds
shall be paid by the Association as a Common Expense.
Section 5. Records. The Association shall maintain accounting
records according to good practice which shall be open to
inspection by Members at reasonable times. Such records shall
include a record of receipts and expenditures and accounts for each
Member, which accounts shall designate the name and address of the
Member, the due dates and amount of each Assessment, the amounts
paid upon the account and the balance due. A register for the
names of all Mortgagees who have notified the Association of their
liens and to which lienholder the Association will give notice of
default if required, shall also be maintained,
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Section 6. Annual Statement. The Board of Directors shall present
annually to the Members a full and clear statement of the business
and condition of the Association, as prepared by an independent
accountant.
Section 7. Insurance. The Association shall procure, maintain and
keep in full force and effect, such insurance an may be required by
the Declaration to protect the interests of the Association, the
Members and the Mortgages.
Section 8. Expenses. The
Association may be credited
Directors may determine,
practices.
receipts and expenditures of the
and charged to accounts as the Board of
in accordance with good accounting
Section 9. Budget. The Board of Directors shall adopt a budget for
each fiscal year that shall include the estimated funds required to
defray the Common Expenses and to provide and maintain funds for
the accounts established by the Board of Directors, in accordance
with good accounting practices.
ARTICLE XII
RULES AND REGULATIONS AND TRAFFIC REGULATIONS
The Board of Directors ma~, from time to time, adopt rules and
regulations governing the details of the operation and use of the
Property and T~affic Regulations governing the use of the Streets,
provided that the rules and regulations and Traffic Regulations
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~hall be equally applicable. ~o all Members and uniform in
application and effect.
ARTICLE XIII
VIOLATIONS AND DEFAULTS
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In the event of a violation of any of the provisions of the
Declaration, these By-Laws, the rules and regulations or Traffic
Regulations adopted by the Association or the Articles of
Incorporation, the Association shall have all rights and remedies
provided by law, including without limitation (and such remedies
shall be cumulative) the right to sue for damages, the right to
impose a special"ASsessment for non-compliance, as provided in the
Declaration, the right to injunctive relief and in the event of a
~ailure 'to pay Assessments or to abide by the architectural
restrictions in the Declaration and the Master Declaration, the
right to foreclose its lien as provided in the Declaration; and in
every such proceeding, the Owner at fault shall be liable for court
costs and the Association's attorneys' fees, including such costs
and attorneys' fees on appeal. A suite to collect unpaid
Assessments may be prosecuted by the Association without waiving
the lien securing such unpaid Assessments, costs and attorney's
fe,e~ .
ARTICLE XIV
AMENDMENT OF BY-LAWS
These By-La~s may be amended, altered or rescinded by a majority
vote of the Board of Directors at any regular or special meeting;
provided, however, that at no time shall the By-Laws conflict with
the terms of the Declaration or the Articles of Incorporation. Any
Member of the Association may propose an amendment to the Board and
the Board shall act upon such proposal at its next meeting. until
such time as Developer relinquishes control of the Association, all
amendments to these By-Laws shall be ineffective unless Developer
shall have joined in and consented thereto in writing. Any attempt
to amend, alter, modify or rescind contrary to these prohibitions
shall be of no1force or effect.
ARTICLE XV
DEVELOPER'S CONTROL
Anything contained herein to the contrary notwithstanding, the
Developer shall have the right to retain control of the Association
until the earlier of the following events: until the closing of
the sale of the last Lot located within the Property; or such
earlier time as is determined by Developer, in the Developer's sole
discretion. Prior to ninety (90) days after the happening of the
earliest of the foregoing events, the Association shall conduct the
Turnover Meeting. So long as Developer retains control of the
Association, Developer shall have the right to appoint all members
of the Board of Directors and to approve the appointment of all
Officers of the Association and no action of the membership of the
Associat~on shall be effective unless and until approved by the
Developer.
ARTICLE XVI
VALIDITY
If any By-law, rule, regulation or Traffic Regulation shall be
adjudged invalid, such fa~~ shall not affect the validity of any
other By-Law, rule or regulation or Traffic Regulation.
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ARTICLE XVII
CONSTRUCTION
These By-Laws and the Articles of Incorporation of the Association
~hall be construed, in case of any ambiguity or lack of clarity, to
be'consistent with the provisions of the Declaration. In the event
of any conflict between the terms of the Declaration, the Articles
of Incorporation or these By-Laws, the following order of priority
shall apply: The Declaration, the Articles of Incorporation and
the By-Laws.
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The foregoing ,were adopted as the By-Laws of CRYSTAL KEY AT
WOOLBRIGHT PLACE' HOMEOWNER'S ASSOCIATION, INC., a not-for-profit
corporation under the laws of the State of Florida, at the first
n\e~ting of the Board of Directors on the (j'7-M day of Ol'.~~"\ k.......
, 1996.
CRYSTAL KEY AT WOOLBRIGHT PLACE
HOMEOWNER'S ASSOCIATION, INC.
By: RYI'~:;;C-
President
. .
ATTES//fiJt
Ronald L. Platt, Secretary
(CORPORATE SEAL)
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